Eight years after a bullet from his .38 snub-nosed revolver ended his wife’s life, former Atlanta attorney Claud “Tex” McIver is out of prison, facing nine months of parole and several years of probation.
McIver, 82, was paroled Thursday, almost a year after he pleaded guilty to charges of involuntary manslaughter, reckless conduct and gun possession over the September 2016 shooting death of Diane McIver.
Tex McIver’s health is “not great,” and his seven years behind bars has been a “miserable existence,” his attorney, Don Samuel, told The Atlanta Journal-Constitution.
“He’s going to move on and make the most of the rest of his life,” Samuel said Thursday. “‘Nightmare’ doesn’t begin to capture what the past seven years have been like for him.”
The death of Diane McIver, a wealthy businesswoman, and the prosecution of her politically connected husband captivated those who followed the many twists and turns over the years, including claims that the couple’s fear of Black Lives Matter protesters was a factor and that investigators gave Tex McIver special treatment.
There also was the controversial sale of her finery, the auction of their Putnam County ranch, mystery surrounding her will and suggestion of a love affair, as well as his previous shooting-related charges. Then came a mixed verdict at trial, a life sentence and the overturning of his most serious convictions.
As prosecutors prepared to retry Tex McIver on murder and associated charges, he accepted a plea deal in January 2024.
Here is a timeline of key events in the McIver case.
Sept. 25, 2016: Tex McIver shoots Diane McIver in the back as they are being driven through downtown Atlanta by her best friend, Dani Jo Carter. Diane McIver was in the front passenger seat of their SUV, and Tex McIver was seated directly behind her. She dies early the next morning at Emory University Hospital on Clifton Road.
Sept. 26, 2016: An autopsy performed on Diane McIver determines she died of a gunshot wound to the back. The medical examiner declares the incident a homicide.
Sept. 30, 2016: A McIver family spokesperson tells The Atlanta Journal-Constitution that Tex McIver accidentally shot his wife when their car hit a bump and a .38 snub-nosed revolver in his lap fired. The spokesperson says the incident unfolded after the McIvers’ vehicle was approached by several individuals near the intersection of Peachtree and Pine streets in Midtown. He says the McIvers were alarmed about unrest surrounding several Black Lives Matter protests in the area and feared a carjacking.
Oct. 4, 2016: Atlanta police push back on the McIver family spokesperson’s account of the shooting, saying the case is more complicated than has been portrayed.
Oct. 6, 2016: In his first public comments on the case, Tex McIver tells the AJC that the shooting was an accident that has ruined his life. He says he had fallen asleep with the gun in his lap and was jarred awake near Piedmont Park. “I lurched, and the gun fired,” he says.
Oct. 18, 2016: A 1990 shooting incident involving Tex McIver comes to light. Court records show he was indicted on aggravated assault, gun possession and property damage charges, accused of firing a gun at a car containing three teens in DeKalb County. Prosecutors declined to pursue the case after it was privately settled.
Oct. 19, 2016: Diane McIver’s autopsy report is released, confirming she was shot in the back. The cause of her death is listed as a homicide.
Oct. 24, 2016: Several Black activists express concern about the McIver family spokesperson’s narrative that the couple feared Black Lives Matter protesters immediately before the shooting. They say Tex McIver appears to be receiving special treatment from Atlanta police as a prominent, white and politically connected attorney. Investigators deny the accusation.
Oct. 25, 2016: Democratic Sen. Vincent Fort calls for Tex McIver to be kicked off the State Election Board after “falsely blaming a fear of African American activists in Atlanta as a reason to have a firearm in hand.”
Nov. 3, 2016: Witness Dani Jo Carter speaks publicly about the shooting for the first time, contradicting Tex McIver’s account that their SUV hit a bump in the road, causing the gun to fire. She says the shooting happened when the vehicle was at a stoplight.
Nov. 28, 2016: Tex McIver tells the AJC that he wants to debunk several untruths about the shooting, including any suggestion that he killed his wife for her money or because he had another love interest.
Dec. 2, 2016: Tex McIver decides to sell Diane McIver’s extensive collection of luxury clothes and jewelry at an estate sale. The sale attracts thousands of people and is extended.
Dec. 21, 2016: Tex McIver is charged by Atlanta police with involuntary manslaughter and reckless conduct in Diane McIver’s death. He surrenders to the Fulton County jail.
Dec. 22, 2016: McIver appears in court for the first time on charges stemming from his wife’s death. He is granted a $200,000 bond and ordered to surrender his passport and wear an ankle monitor. He bonds out of jail the next day.
Credit: Fulton County Sheriff's Office
Credit: Fulton County Sheriff's Office
Dec. 31, 2016: Court records show Tex McIver had borrowed $350,000 from Diane McIver years before her death.
Jan. 17, 2017: A feud erupts over Diane McIver’s estate as the company she led plans to file a claim for almost $1 million.
Feb. 13, 2017: Tex McIver steps down from the State Election Board.
Credit: Bob Andres
Credit: Bob Andres
April 13, 2017: Fulton DA Paul Howard investigates the McIvers’ finances, issuing subpoenas to companies that helped manage the couple’s money.
April 26, 2017: Tex McIver’s bond is revoked after a Glock pistol is found in his sock drawer. The next day, he is indicted on murder charges in his wife’s death. He eventually pleads not guilty to murder charges.
May 9, 2017: Tex McIver is removed as the executor of Diane McIver’s estate.
Credit: WSB-TV WSB-TV WSB-TV
Credit: WSB-TV WSB-TV WSB-TV
May 22, 2017: Tex McIver resigns from the Putnam County Development Authority.
June 19, 2017: Court filings reveal that Diane McIver told an emergency room doctor her shooting was an accident.
Nov. 20, 2017: Two of Tex McIver’s defense attorneys withdraw from the case. A week later, Don Samuel joins Bruce Harvey on the defense team.
Credit: Alyssa Pointer
Credit: Alyssa Pointer
Dec. 12, 2017: Tex McIver is released from jail on a $750,000 bond.
March 13, 2018: The trial begins with opening statements. Prosecutors say Tex McIver was in debt and spiraling out of control before the shooting.
April 23, 2018: McIver is acquitted of malice murder and found guilty of felony murder, aggravated assault, gun possession and influencing a witness.
May 23, 2018: McIver is sentenced to life in prison, with the possibility of parole.
Credit: Natrice Miller / Natrice.Miller@ajc.com
Credit: Natrice Miller / Natrice.Miller@ajc.com
May 24, 2018: The administrator of Diane McIver’s estate sues Tex McIver and Dani Jo Carter for wrongful death.
Aug. 4, 2018: The McIvers’ ranch in Putnam County is auctioned for $1 million.
Credit: Steve Schaefer
Credit: Steve Schaefer
June 30, 2022: The Georgia Supreme Court overturns Tex McIver’s convictions for murder, aggravated assault and gun possession and upholds his conviction for influencing a witness. The court rules in part that the jury should have been allowed to consider a misdemeanor involuntary manslaughter charge.
Credit: ALYSSA POINTER/ALYSSA.POINTER@AJ
Credit: ALYSSA POINTER/ALYSSA.POINTER@AJ
Oct. 7, 2022: Tex McIver’s bond request is denied ahead of his retrial.
Dec. 4, 2023: Jury selection begins in McIver’s retrial.
Dec. 5, 2023: The retrial is halted because of a debate over evidence. Prosecutors say they’ll appeal an order preventing them from alleging that McIver intended to kill his wife.
Credit: Miguel Martinez
Credit: Miguel Martinez
Jan. 26, 2024: McIver pleads guilty to charges of involuntary manslaughter, reckless conduct and gun possession in a deal with prosecutors. He is sentenced to eight years in prison and seven years of probation and given credit for the time he’s served in custody. “She’s my angel, and she’s waiting for me in heaven,” he says of Diane McIver.
June 3, 2024: The administrator of Diane McIver’s estate files a lawsuit to distribute settlement funds from the 2018 wrongful death case against Tex McIver and Dani Jo Carter. As a condition of his plea deal, Tex McIver waived any right he may have to the funds.
Jan. 9, 2025: Tex McIver, 82, is released from prison on parole. He faces several years on probation once his parole ends in October.
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