Tex McIver: 'I'm living a nightmare'

(Source: Steve Maples, Tex McIver's Attorney)

It's a mystery that millions across the nation are hoping will be solved.

What lead to the shooting of Diane McIver?

CBS46 reporter Natalie Rubino asked Tex McIver Tuesday if he intentionally killed his wife?

"No ma'am. No. Don't hurt me with that. We were the perfect couple, we really were," he said in a tearful phone interview.

The perfect couple. Tex McIver, a prominent Atlanta lawyer, says his wife Diane was born in an Alabama trailer park. She worked her way up to president of Corey Airport Services.

"I lost my life partner and it really really hurts," he said.

Their real life fairytale came to a crashing end two and a half weeks ago. The couple was on their way back from their Putnam County farm. Tex says they stopped in Conyers for dinner. Diane had two glasses of wine and McIver's lawyer says Tex had two sips. The woman driving the vehicle, referred to us as only 'Dani Jo,' didn't have any. The three took a detour off I-85 downtown and got off at the Edgewood Road exit. Tex, who was sleeping in the back, asked for his gun because he didn't think it was a safe area. After falling back to sleep in the backseat, he woke up to the sound of a gun shot and realized it was he who pulled the trigger.

"Once we determined that Diane had been hurt, there was this race to the hospital," he said.

Tex says he'll never forget when doctors told him his wife was dead.

"They're walking straight at you and you distinctively turn around to see if there's anybody behind you they might be walking to and you realize you're the only one in the waiting room. They come up right up to you, and you know, exactly what they're going to tell you," Tex said fighting back tears.

MORE: Lawyer shares words businesswoman allegedly whispered to doctors before she died

MORE: Examiner: Polygraph suggests Tex McIver had no motive to kill wife Diane

Police are investigating this as a homicide and CBS46 has learned Atlanta police is searching for Diane's cell phone.

"What about Diane's telephone? Have you been able to locate that for me?" Tex's lawyer, Stephen Maples, asked him over the phone.

Tex's lawyer said Tex gave her phone to someone at Corey Airport Services so they can copy pictures. They're working on getting it back to give to Atlanta police.

CBS46 can also confirm that after returning the vehicle to Tex, Atlanta police has taken it back into custody to have the Georgia Bureau of Investigation inspect it as well. GBI, however, tells us Atlanta police asked them to run tests to find out exactly where Tex was sitting in the vehicle. GBI says it doesn't have the technology to do so.

Tex says right now his grief is unbearable

"I've never known such pain. My pain comes from, I think, the suddenness of this. How traumatic it was. And you know the guilt that I'm carrying that I'm responsible for."

Moments before the scheduled interview, CBS46 was asked not to asked Tex specific questions about what lead to Diane being shot.

Original reports given by a family friend about what happened that night changed several times until McIver's lawyer previously sat down with CBS46.

MORE: Attorney: Woman was driving when gun went off, killing Atlanta businesswoman

MORE: Late Atlanta businesswoman, husband had deep political ties

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