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Tex McIver trial: Plea deal in wife's death
The prominent Atlanta attorney once convicted of murdering his wife, Diane McIver, has now pleaded guilty in the case rather than face a new trial. Tex McIver was facing a new trial after his 2018 conviction was reversed in 2022. What charges he pleaded to on Friday.
FULTON COUNTY, Ga. - The former prominent metro Atlanta attorney accused of shooting and killing his wife in 2016 has reached a plea deal in Fulton County.
Claud Lee "Tex" McIver III, who was charged with felony murder for the death of Diane McIver, has agreed to a reduced charge of involuntary manslaughter. The aggravated assault charge has been reduced to reckless conduct. He also pled guilty to possession of a firearm in the commission of a felony.
McIver apologized for the shooting of his wife, saying that he has never stopped wearing his wedding ring.
"I want it to be very, very clear, Diane is the best friend I ever had," McIver said during the hearing. "She won my heart quickly. She’s again, was the best friend, best partner I could ever imagine. I will always, always love her in that regard. She died as a result of my actions, plain and simple. I stood up to that over and over again. I can’t remember a day where I didn’t cry for the first two years.
McIver was sentenced to 15 years with 8 years to be served in prison with credit for time served. After prison, McIver will be required to wear an ankle monitor for at least 5 years and will have a curfew. McIver also must stay away from U.S. Enterprises where Diane McIver was president and from Billy Corey, Diane's former boss and mentor, and from Dani Jo Carter, who was driving when Diane McIver was shot.
Billy Corey
There was never any dispute that McIver shot his wife — the question at trial was whether he meant to. Prosecutors said he was driven to kill her because he coveted his wife’s money. Defense attorneys said that was nonsense, that McIver loved his wife dearly and her death was a terrible accident after he had fallen asleep with the gun in his hand.
Tex McIver found guilty
In 2018, a Fulton County jury found McIver guilty of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and influencing witnesses in connection with the death of his wife, Diane McIver. He was sentenced to life in prison.
Murder conviction reversed
In June 2022, the Supreme Court reversed McIver's convictions because they said the trial court "erred in denying his request to charge the jury on a lesser involuntary manslaughter offense."
After the high court's decision, the Fulton County District Attorney's office filed a new motion saying it planned to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
In December 2023, a judge put the retrial for a former prominent metro Atlanta attorney accused of murdering his wife on hold over an argument about what evidence can be shown to the jury.
Death of Diane McIver
On the night of Sept. 25, 2016, Dani Jo Carter, a close friend of Diane McIver, was driving the couple’s Ford Expedition as the three returned from a weekend at the McIvers’ horse farm about 75 miles east of Atlanta. Diane McIver was in the front passenger seat and Tex McIver was in the back seat behind his wife.
With traffic heavy on the interstate, Carter took an exit into downtown Atlanta. McIver said, "Girls, I wish you hadn’t done this. This is a really bad area," and asked his wife to get his gun from the center console and hand it to him. A short while later, McIver fired the gun once, striking his wife in the back. Carter drove to a hospital where Diane McIver died.
The McIvers were wealthy and well-connected. Tex was a partner at a prominent labor and employment law firm and served on the state election board. Diane was president of U.S. Enterprises Inc., the parent company of Corey Airport Services.