Testimony continues Tuesday in Tex McIver murder trial - CBS46 News

Testimony continues Tuesday in Tex McIver murder trial

Posted: Updated:
(Source: WGCL) (Source: WGCL)
ATLANTA (CBS46) -

Testimony will continue Tuesday in the murder trial of Tex McIver, the Atlanta attorney accused of intentionally killing his wife Diane as they were riding in an SUV in 2016.

Jurors are expected to hear more about changes Tex made to his will one month after he says he accidentally shot Diane.

On Monday, jurors heard from Anne Schwall, the mother of Diane's godson Austin. She testified that Tex gave her a copy of a new will he made a month after Diane's death. He told Schwall that Diane wanted to leave Austin the ranch but nowhere in the new will does it say that.

Schwall also testified that McIver gives $500,000 of his life insurance policy to his youngest son Robert. He specifically states in the will that his other two children will get nothing.

A former receptionist for Diane testified that Diane told her she made a new will. A probate attorney also produced an email chain from 2011 that showed the McIver's had not agreed on a will.

Last Friday jurors heard from one of Diane's coworkers. The vice president of Corey Enterprises, the company Diane led, was on the stand and he said Tex seemed preoccupied with money in the days after Diane's death.

Earlier in the week, star witness Dani Jo Carter took the stand. Carter was Diane McIver’s best friend, and the driver of the vehicle she was shot in.

Jurors got to hear from Tex McIver last week as they watched a video of an interview that took place two days after the shooting.

Two Atlanta police detectives ran the interview. Tex McIver was there with two attorneys, and for the first time ever, we are hearing specifically every detail from McIver.



McIver told police he fell asleep in the car on the way back to Atlanta. He said he woke up when he felt the car going downhill because he says he knows the connector doesn't go downhill. McIver told police he asked Diane for his gun because "every turn we made seemed like it was getting darker and darker, and more and more people were out," McIver added. "It made the hair on the back of his neck raise."

McIver then told police he must have drifted back to sleep, and then Dani Jo Carter came to a stop.

"Dani Jo came to a stop, and I was handling the gun. I didn't realize it was in my lap and it went off," he said in the video interview.

McIver told police that after the gun went off, he yelled, “Is everyone alright?” but that's inconsistent with what Carter told the jury.

Carter said McIver didn’t say anything.

McIver also told police in that interview that he only had a few sips of wine at dinner. Carter told the jury he had wine on the way to the restaurant, wine at the restaurant bar and a glass of wine at dinner.

At one point during the interview, McIver said, “I think I’m about to cry,” but a detective testified he never actually saw McIver cry before or after he made that comment.

Copyright 2018 WGCL-TV (Meredith Corporation). All rights reserved. 

Connect with CBS46