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On Thursday, June 30, 2022, the Supreme Court of Georgia overturned the murder conviction of Diane McIver's husband, the once distinguished Atlanta Attorney, Tex McIver.
The overturning comes four years after Tex McIver was convicted of felony murder, aggravated assault and possession of a deadly weapon in 2018.
Diane McIver, a prominent businesswoman with millions to her name, was fatally shot in the back on the fateful night of September 25, 2016. Tex and Diane had been married for 11 years.
In 2018, along with the murder and assault charges, Tex McIver was also found guilty of influencing three witnesses - Bill Crane, Thomas Lee Carter, Jr., and Dani Jo Carter. The trial court did away with the conviction of exerting influence over the first two witnesses.
However, the charge of trying to influence Dani Jo Carter, who was driving the vehicle in which Diane McIver was shot, still remains. In Thursday's ruling, the Georgia Supreme Court overturned the felony murder and aggravated assault convictions.
Why was Tex's conviction in the Diane McIver murder case overturned?
In 2018, jurors in the McIver case had acquitted Tex of malice murder, but convicted him of felony murder, thereby sentencing him to life in prison.
McIver had previously filed multiple appeals in court with regards to his conviction, the latest being in July 2021. While the prosecution was adamant that the shooting was intentional, McIver's lawyers maintained that Diane's death was an accident.
Regarding overturning the convictions, the Supreme Court reasoned that the decision was based on a reversible error committed by the trial court for refusing to allow the jury to take into consideration a charge of involuntary manslaughter.
Presiding Justice Michael P. Boggs, while writing for a unanimous court, stated that the involuntary manslaughter charge was authorized by law, "and some evidence supported the giving of the charge." On the topic of overturning, Justice Boggs elaborated further on what contributed to such a decision:
"The jury could have concluded - as McIver argued - that the evidence presented here did not meet the statutory definition of reckless conduct. But the jury was given no alternative instruction regarding criminal negligence, a mental state more culpable than pure accident, and arguably more consistent with the evidence at trial."
The Supreme Court of Georgia found the case of financial motive presented by the prosecution to be a weak one. Furthermore, the supposed second will of Diane McIver, which could have driven her husband to commit the crime according to the prosecution, was nowhere to be found.
Tex still has two more months left to serve with regard to the charge of trying to influence witness Dani Jo Carter. In an email about the same, Tex's attorney Clark Palmer revealed that she would be asking for his immediate release and filing a motion for a bond.
Regarding the matter, a spokesperson for the Fulton County District, Jeff DiSantis, said that the district attorney, Fani Willis, would decide on a course of action for the future, based on the evaluation of the case.
