Tex McIver: Retrial for ex-attorney accused of murdering wife begins in Atlanta

ATLANTA - A former prominent metro Atlanta attorney accused of murdering his wife was back in court on Monday for a new trial after his previous conviction was thrown out by the Georgia Supreme Court.

On Monday, attorneys for the prosecution and defense began questioning 50 prospective members of the jury for the retrial. Once chosen, the jurors will hear testimony to determine if 81-year-old Claud Lee "Tex" McIver III is guilty of the murder of his wife, 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.

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.

"Their motion is basically asking the court to declare irrelevant evidence that was gathered to show that this was an intent to kill," said Kevin Armstrong from the Fulton County District Attorney's Office.

While Judge Robert McBurney didn't issue an official decision, he did hint at one: "That's where I am leaning, is to exclude argumentation and not evidence." 

Tex McIver

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. He was sentenced to life in prison.

However, 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."

Then-Presiding Justice Michael Boggs, who is now the court's chief justice, wrote in the unanimous opinion, "While the State’s evidence was sufficient to support the appellant’s conviction of murder, it also could have supported a finding that the appellant killed the victim without any intention of doing so in the commission of an unlawful act."

Though the high court overturned McIver's murder conviction, it upheld his conviction for influencing a witness.

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.

Speaking to FOX 5 earlier this year, William "Billy" Corey, the founder, owner, and chairman of U.S. Enterprises, Inc., said he and his staff will never forget her.

"Diane was a unique, brilliant lady," Corey said.

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 its motion for a new trial, the district attorney’s office notes that the Supreme Court found there was enough evidence at trial for a rational jury to conclude beyond a reasonable doubt that McIver was guilty of the crimes for which he was convicted.

"The jury which served at the original trial of this case evaluated all of the evidence and unanimously convicted [McIver] of intentional crimes against his wife," the motion says. "This fact weighs heavily in the State’s consideration of how best to serve the interests of justice in this case. This District Attorney believes very strongly that a jury of one’s peers, working as a body, is best positioned to evaluate the accuracy of testimony and other evidence in a case to determine an individual’s culpability under the law."

Corey said he is ready for justice to prevail again.

"We’re ready…justice must prevail," Corey said. "We think he’ll be found guilty again this time. Nothing’s changed."

McIver entered the courtroom wearing a dark, pinstripe suit Monday with his attorney, Don Samuel.

"They can argue motive all they want, as to why he would want to shoot her," Samuel said. "What they can't do, in part based on what the Supreme Court held and in part based on collateral estoppel, is [prove] that he intended to kill her."

Experts tell FOX 5 a plea deal isn't completely out of the question.

"A plea deal is certainly possible, especially with some of the evidentiary rulings and the rulings from the Georgia Supreme Court that have changed the face of the evidence that could come in," said Brian Mendelsohn, a longtime criminal defense attorney in Georgia.

But if he is convicted, McIver faces life in prison.

The trial could last at least three weeks. Opening statements are expected to take place on either Wednesday or Thursday.

The Associated Press contributed to this report.