Author Topic: Negligent Discharge and Tex McIver  (Read 6029 times)

alfsauve

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Negligent Discharge and Tex McIver
« on: March 22, 2018, 07:54:37 AM »
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. 







Will work for ammo
USAF MAC 437th MAW 1968-1972

crusader rabbit

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Re: Negligent Discharge and Tex McIver
« Reply #1 on: March 22, 2018, 08:00:46 AM »
And that's exactly why I won't let Bunny sit in the back seat... :o

Crusader Rabbit
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billt

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Re: Negligent Discharge and Tex McIver
« Reply #2 on: March 22, 2018, 08:11:40 AM »
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.

les snyder

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Re: Negligent Discharge and Tex McIver
« Reply #3 on: March 22, 2018, 08:30:36 AM »
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

billt

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Re: Negligent Discharge and Tex McIver
« Reply #4 on: March 22, 2018, 09:07:45 AM »
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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Re: Negligent Discharge and Tex McIver
« Reply #5 on: Today at 09:49:29 AM »

Timothy

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Re: Negligent Discharge and Tex McIver
« Reply #5 on: March 22, 2018, 10:13:07 AM »
Just because murder may be cheaper don’t make it right!

billt

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Re: Negligent Discharge and Tex McIver
« Reply #6 on: March 22, 2018, 10:15:09 AM »
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.

Timothy

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Re: Negligent Discharge and Tex McIver
« Reply #7 on: March 22, 2018, 10:22:27 AM »
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...

TAB

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Re: Negligent Discharge and Tex McIver
« Reply #8 on: March 22, 2018, 12:35:21 PM »
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.
I always break all the clay pigeons,  some times its even with lead.

Timothy

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Re: Negligent Discharge and Tex McIver
« Reply #9 on: March 22, 2018, 01:23:01 PM »
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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