The Down Range Forum
Member Section => Down Range Cafe => Topic started by: alfsauve on March 22, 2018, 07:54:37 AM
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In Atlanta we have an interesting case being tried right now.
"Real life is stranger than fiction,..." Sam Clements I think.
Tex McIver, an attorney, killed his wife with a revolver in their car. Undisputed.
Tex said it was an accident. The DA says homicide, mostly based on Tex's muddling up after the fact. Incriminating voice mails. Lack of grief. etc.
Situation. Tex and his wife are driving back to Atlanta in their car after an out-of-town trip. Their friend, Mrs. Dani Jo Carter is driving the car. Mrs McIver is in the front passenger seat and Tex is in the back seat behind her. That much is agreed upon.
Tex claims:
Dani Jo made a wrong turn while driving through downtown Atlanta and they end up in a less than hospitable section of town. Tex takes out his revolver to have it handy just in case. The gun goes off accidentally hitting Mrs McIver in the back. Since they were "downtown" they drove directly Emory hospital.
The DA claims:
All that is true except the accident part. The DA claims that Tex used the situation to purposely kill his wife.
What hasn't been claimed:
Any affair between Tex and Dani Jo or anyone else.
Any affair between Mrs. McIver and Dani Jo or anyone else.
Any involvement by Dani Jo
Any real concrete motive.
Questions:
The seating arrangement is not typical, but Tex was taking a nap in the back seat. Generalization: Lower class couples sit together in a car. Middle class set husband-husband, wife-wife. Upper crust sit husband with other wife. But this was a threesome. Usually the male drives. Or the male owner, if not driving usually sits shotgun. This was an Expedition. Front seat might have been more comfortable to sleep in. But Dani Jo probably wanted the company up front. Was this normal when they drove back from the ranch in Putnam county? How often had they done this?
Wasn't Dani Jo familiar with downtown Atlanta? Why detour through a bad part of town? Why drive to Emory which isn't exactly a straight route. Nobody will give you directions to Emory. It's too complicated and convoluted a route. Why not go to Grady hospital? Right on the interstate. One of the top trauma centers in the world. Another generalization: Upper society goes to Piedmont Hospital or Emory, but not to Grady. Maybe that influenced the decision, subconsciously.
He kept the gun in the center console, in a bag, which may indicate he wasn't well versed in gun handling and safety. It was a hammerless or shrouded hammer revolver. I'm not sure the exact model. But if it were a shrouded hammer could he have been trying to cock it? Stupider things have been done under stress. And he could have been in a stupor from just waking up that could have added to it. Dani Jo has just testified the car was stopped when the gun went off. At one time Tex claimed it was because the car hit a bump.
No real motive has been revealed. Technically he owed his wife $350,000 but this is a common property state so it's a wash. Only in a divorce would that have been relevant and no particular marital unhappiness has been uncovered. No affair, with Dani Jo by either McIver has been alleged. She appears to be exactly what they claim, a good family friend. No real solid motive.
MY TAKE: It was pure negligence. He wasn't fully awake. Maybe did something stupid, like trying to cock the revolver and a startled reflex caused him to pull the trigger. All those things that happened afterwards is because he's not the brightest light bulb in the dance hall. He did stupid, incriminating things when he should have just said, "it was an accident" and done nothing else. Nothing else.
Of course, he could be a criminal master mind. Planned all of this including looking like a klutz afterwards. If you never go to trial and something comes up later then you could be prosecuted, but if you go to trial and are found innocent, then you're free forever because of double jeopardy.
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And that's exactly why I won't let Bunny sit in the back seat... :o
Crusader Rabbit
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Even if he did it "on purpose", there isn't a jury on this planet that would convict him. Everything is just too thin, and way too speculative to prove otherwise.
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I was a juror on a first degree murder trial... wife's x vs. wife's actual brother... 12 ga bolt action ... defendant had fled from Pasco county to Tallahassee and then given up to police, where he blew a .22 blood alcohol... at trial the defense argued the gun just went off... I requested to see the gun in the jury room ( Judge commented that was the first time a juror had made such a request) assembled the bolt, and tried the trigger under the watch of the Bailiff... it had at least a 8# pull...at the time Florida had a clause that a defense against first degree murder was that the defendant had to have malice thought and clear mind to commit the act... the blood alcohol was his better defense, as if he was legally drunk, he could not be convicted of first degree... 7 1/2 years second degree
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Back when I was an apprentice in the 70's, the owner of the construction company that built our plant was good personal friends with the President of our company. This guy's wife was a first class b!tch. About 300 lbs. on the hoof, and mean as a snake. Our President always invited him to our company Christmas parties, where she would get drunk and belittle him unbelievably in front of everyone. He finally stopped coming, and everyone knew why. He was a first class guy, and didn't deserve any of that cheap $h!t.
Anyway he liked duck hunting. (You see where this is going). He had several beautiful duck blinds built along the Fox River west of Chicago, on riverfront property he owned. One day he took his wife with him. He always hunted with a Browning Auto V. For those who aren't familiar with that gun, it has a feature called "Speed Reloading". When the gun is empty and the action is locked open after the last round is fired, you can put a round into the magazine and it will be immediately whisked from the magazine, directly into the chamber as soon as you remove your thumb from the back of the shell.
If you're not expecting it, it can startle you. He claimed this is what he did, and the gun accidently went off, blowing his wife's head off. People suspected he did it on purpose. (He was a multi millionaire and his wife had threatened to divorce him in front of many people at one time or another). A divorce would have cost him a fortune. As it turned out he instead collected a healthy sum from the life insurance policy he had on her for many years.
The only problem he had was he hunted with that gun since the 50's, when he bought it new. So the cops questioned how he could be "startled" by that loading feature. (There is a lever on the side of the receiver that will disconnect the magazine feed entirely). But they basically had nothing to really charge him with, that would have ended in any type of murder conviction. He was never charged with a thing. About 2 years later he married a beautiful, nice babe about 30 years younger. Who say's crime doesn't pay?
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Just because murder may be cheaper don’t make it right!
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Just because murder may be cheaper don’t make it right!
Personally, I don't believe he did it on purpose. I met the guy several times, and no way he was the cold blooded murdering kind.
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Personally, I don't believe he did it on purpose. I met the guy several times, and no way he was the cold blooded murdering kind.
I worked with a guy for five years, he didn’t seem a killer either but he’s doin life without in Walpole for 1st degree!
We’re pretty sure he’s guilty! Executed his first cousin...
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People do strange things in the Name of Love or Money. I knew a guy that came home to find his wife in bed with another man and killed them both. I also know a guy where his wife stole $18 from him he never even laid a hand on her.
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My wife has stolen 18 bucks from me repeatedly!
I just swat her on the ass till she begs me to......
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My wife has stolen 18 bucks from me repeatedly!
I just swat her on the ass till she begs me to......
............... Hummmmm. :P :P :P :P :P :P :P
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Was supposed too be 18 million, he was worth 19 at the time.
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Was supposed too be 18 million, he was worth 19 at the time.
It was probably worth it to be rid of her! Let the next idiot to hook up with her whack her...
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Out of maybe 20 of us working on the same line, 2 of them murdered a family member. So ~10% of the group were murderers. One was completely unexpected, but the other was less of a surprise. You never know who will kill their spouse or another family member, but there's usually a clear motive. If they can't discover a motive, or manufacture one, there's a good chance this guy won't be convicted. But some people are convicted without any of the physical evidence and admitted facts there are in this case.
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You just never know about folks....and sometimes you do but it just takes time.
I went to school with two brothers, one older than me and one a couple years younger than me. Both tended toward violence as a family trait. We used to joke about them in school as to which one would end up in prison for murder first after graduation.
Well, fast forward 30 years..... older brother settled into the family auto repair business and runs it well. Younger brother now sits in prison, having just recently been convicted of pummeling his poor wife to death in their home a couple years ago.
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.. I requested to see the gun in the jury room ( Judge commented that was the first time a juror had made such a request)...
I was a juror on a federal trial in Atlanta. 6 guns had been submitted as evidence. When we got the case, before we could even get seated in the jury room, one of the oldest jurors, a grandmotherly, 90# black lady asks the bailiff to bring in guns. And she knew how to operate them for sure. I later asked her why she did that, because they didn't really have any bearing on our discussions. She said, she just wanted to play with them. ;) One sharp lady, btw.
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Most of us here are on the older side. I don't know about you guys, but I cannot even fathom how the next generation of women in this country are going to be, as far as being able live with. I'm guessing all but impossible. Between this whole, "Me Too Movement".... Consisting of, "He pinched my ass 30 years ago, and now I'm traumatized", crap. To just the way women in this country have copped an attitude about everything now a days. (Just look at them wrong, and you're "harassing" them).
I'd hate like hell to be in my 20's today. And be forced to pick one out of the crap that's presently being offered. While I'm sure there are still a few decent one's out there if you're willing to look hard enough. They're getting harder to find than a solid copper penny.
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Billt.... it requires a bit of recon ... stake out a pick up truck with a G.R.I.T.S (girl raised in the South) bumper or window sticker for an age appropriate driver
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Billt.... it requires a bit of recon ... stake out a pick up truck with a G.R.I.T.S (girl raised in the South) bumper or window sticker for an age appropriate driver
And try not to get arrested for being a stalker. ;)
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Update:
Tex claims, supposedly said, according to a witness that he was concerned with the BLM marches and the number of people milling around downtown ATL, that's why he took the gun out of the console.
It was in a plastic Publix grocery bag.
He didn't take it out of the bag.
BUT: Being all concerned about his safety, supposedly elevated adrenaline you'd think, he decided to doze back off. You wonder if he was "on" something. Nobody thought to take his blood sample that night.
AND That's when the gun went off. Inside the bag. I'm sure it shredded both sides of that bag as well as blast from the muzzle.
Police forensics confirm the gun was inside the bag when it discharged. They also confirm it was in perfect working order, only one shot was fired, and that the trigger had to be pulled for it to discharge. I've found an article that says it was a S&W in .38spl, but still don't have the model number.
Also of the three largest hospitals in the area, Piedmont would have been the closest, Emory, the old Crawford Long not the one on Emory campus, would have been second closest and Grady the farthermost, but only by a mile. However, the path to Piedmont and Emory are not straight forward, while had they turned around and used Courtland (a 4-5 lane one way south street) it would have taken them straight to Grady. They could have blown right through the few red lights at that time of night. Maybe picked up a police car. It took them over 10 minutes, according to one source, to get to the ER.
Diane might have been saved had EMTs gotten to her sooner.
Was this all part of Tex's evil plan, according to the DA?
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Sounds like a nightmare for a jury.
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After 5 days of deliberation, they found ol' Tex GUILTY.
There's evidently, in GA, a level of murder between premeditated and manslaughter. That's what they found him guilt of. It's called Felony Murder.
When, in the commission of a felony, he causes the death of another human being irrespective of malice.
For reference: Voluntary manslaughter
..occurs when a person intentionally kills another person "in the heat of passion." Ordinarily this would be considered murder, but because the killing is committed in response to a provocation, the criminal charges are reduced from murder to voluntary manslaughter.
And Involuntary Manslaughter
Involuntary manslaughter is when a person kills someone doing something legal in an illegal way. It's a death that results due to an act of recklessness or criminal negligence. It often occurs when a person commits a misdemeanor or low-level felony such as a driving under the influence (DUI) offense.
Tex wasn't in the commission of another felony, so I don't think Felony Murder was the right charge. FM is when you kill the bank teller while robbing the bank.
Voluntary Manslaughter also doesn't appear to be the correct charge since there was no "in the heat of passsion."
I think it's plain and simple, Involuntary Manslaughter if not just plain negligence.
I also don't understand this way of charging people. Throw all the various charges at the jury and see which one sticks. I think the DA should pick the appropriate charge and prove it, not give the jury the option of picking.
From the jury interviews it appears what swayed them all was, "Guns Don't Go Off By Themselves."
I believe Tex's defense attorney did a bad job of explaining how, in single action mode, a startled reflex can easily make it fire. And, I think obviously, the Defense didn't insure the jury knew the differences between the various charges.
The motive still wasn't entirely firm. No marital problems, though 5 years ago they were disagreeing on how much her God son should get from "their" estate when "they" passed on. Yes his farm owed her ~$750k, but she was half owner of the farm.
Now more fun begins. GA has a Slayer Statue, which says a killer can't profit/inherit from the victim. He's basically broke with huge legal fees. The state appointed guardian over her estate is taking her time and says it's not cut and dried about how Common Property affects the Slayer Statue. Plus he's appealing the verdict, of course.
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Alf...I sat on a first degree murder case many years ago, and I was appalled at the lack of knowledge attorneys have about firearms...in my case a drunken confrontation (both had better than .20 blood alcohol) between husband and brother in law resulted in a death by 12 ga shooting OO buck shot... both men had been hunting in the Green Swamp area, and when the Fla Dept of Law Enforcement "expert" testified on the shooting, he was questioned about the use of "buck" shot... and his comment was that hunters did NOT use buck shot to hunt deer, and used slugs, the testimony was never questioned by the defense attorney...
I have several friends that are attorneys, and have volunteered to present a seminar to their local association, but have never been asked...
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In some states, like mine, they would most likely have added a charge for using a firearm in the commission of a felony.
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Actually they did that too. Also 1 charge of witness tampering, though 2 other charges had been dropped by the judge when the prosecution rested.
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Actually they did that too. Also 1 charge of witness tampering, though 2 other charges had been dropped by the judge when the prosecution rested.
IIRC that's 2 years to be served concurrently with another sentence rather than consecutively, if it's the same everywhere. If you're doing over 2 years time it doesn't make any difference other than being another felony charge on your record.