Crime Stories with Nancy Grace - BLUE BLOOD LAWYER 'Accidentally' Shoots Wife Dead, Sells Her $350,000 Wardrobe, GETS NEW TRIAL

Episode Date: December 18, 2023

Tex McIver is a prominent Atlanta lawyer and Vice Chair of the State Elections Board; his wife, Diane, is a beautiful, incredibly successful businesswoman in her own right.  They have been married fo...r 11 years, but on a September night, Tex McIver shoots his wife in the back, killing her. Diane McIver is shot inside a Ford Expedition she is riding in with her husband and a close family friend. They are returning home from their ranch in Putnam County late on Sunday night. Diane is in the front passenger seat, Tex is in the back seat. Dani Jo Carter is driving the SUV back from the Ranch to the Condo in Buckhead when the interstate traffic gets heavy and she takes an exit into Downtown Atlanta.  McIver tells the police it was a bad area and he asked his wife to hand him his gun. He said it was in the center console up front. Diane McIver hands Tex his gun. He later says they are out of danger before falling asleep. He wakes up when Dani Jo stops the car, and somehow the gun is fired.     As friends come to offer condolences on the passing of his wife, most expect to see Tex McIver upset, in shock that he accidentally shot his wife, the love of his life, and caused her death. Instead, they find a man who seems more concerned about money. Within two days of Diane's death, Tex is asking about his wife's Social Security benefits.  Then, Tex McIver seems to be investigating how to liquidate his late wife's assets. He organizes many of his wife's possessions to sell at an auction as part of an estate sale and says he was liquidating things to settle his wife's estate. McIver sold everything he could of his wife's clothing, jewelry, furs, hats, just about everything. The sale lasted several days. It was later revealed that he owed his wife nearly $350,000 which she loaned him for a barn he built on the ranch for guests on their estate Atlanta police eventually decided to charge Tex McIver with involuntary manslaughter and reckless conduct in the shooting death of his wife. The charges seem to suggest that they believe Tex McIver's claim that the shooting was an accident. The day after a judge sends McIver to jail, he is indicted of malice murder, along with six other charges, including three counts of influencing a witness.  Joining Nancy Grace Today: Clint Rucker - Award-winning Attorney, Municipal Court Judge, and Former Prosecutor in Fulton County; Defense Attorney at Garland Samuel & Loeb; Facebook & IG: @clintruckeresq     Dr. Bethany Marshall - Psychoanalyst; Instagram & TikTok: drbethanymarshall, Twitter: @DrBethanyLive; Appears in “Paris in Love” on Peacock  Christopher Byers – Former Police Chief Johns Creek Georgia, 25 years as Police Officer, now Private Investigator and Polygraph Examiner with Lancaster Information Services in Atlanta Dr. Michelle Dupre – Forensic Pathologist and former Medical Examiner, Author: “Homicide Investigation Field Guide” & “Investigating Child Abuse Field Guide”, Ret. Police Detective Lexington County Sheriff’s Department  Mike Petchenik  - Veteran Journalist and Founder of Petchenik Media Group; Former Long-time reporter at WSB-TV in Atlanta; Twitter/X: @Mike_Petchenik    See omnystudio.com/listener for privacy information.

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Starting point is 00:00:00 This is an iHeart Podcast. Crime Stories with Nancy Grace. She's making all the money. He's spending all the money. He's spending all the money. I'm talking about a beautiful executive, Diane McIver. She's dead, shot by her husband who said he did it in his sleep. Yes. And guess what else? He's walking free. Not for long, I can only hope. I'm Nancy Grace. This is Crime Stories. Thank you for being with us here at Crime Stories and on Series XM 111. And to top it all off, they're rolling in money. What? How much more do they need?
Starting point is 00:01:07 Why is she dead? Do you believe his story? He was asleep, was woken up abruptly, afraid of the homeless people and misfired the weapon, a weapon that had several pounds of pressure needed to pull the trigger? Let's hear from the horse's mouth. Maybe I should make that from the mule, the jackass's mouth, but I'll let you decide that. Listen to Tex
Starting point is 00:01:44 McIver. ass his mouth but i'll let you decide that listen to tex mcgyver very dark but it seemed to me it was and that's one that has a particularly high population almost okay at least in the daytime but at night there's a lot of people there okay and i quickly said this is a big mistake and we're in a place that we don't belong. And, of course, here we are in a almost new SUV and two women in the front seat. So, anyway, they made a couple turns and things were not going well. And I said, we'll be on Piedmont shortly. And I said, yeah, I'd like to, if you don't mind, please hand me my credit. And it was in the center console. Let's analyze what we just heard.
Starting point is 00:02:37 Joining me in all-star panel, Mike Pachinik, veteran journalist, founder of Pachinik Media Group. You can find him at MikePachinik.com. And I need an expert also joining me, renowned trial lawyer, Clint Rucker, award winning lawyer, municipal court judge, and most important to me right now, former Fulton County felony prosecutor who worked this case. You can find him at clintrucker.com. Mike Pachinik, former WSB-TV reporter, did I get it right that he, Tex McIver, who is himself a veteran lawyer at a silk stocking law firm in Atlanta, bringing in all kind of money and I guess spending it all. Did he actually say it was very dark? And that night there were a lot of homeless people there. And I said, oh, we're in a place we don't belong. Did I hear that correctly? You did.
Starting point is 00:03:39 Exactly what he said. We're not in Kansas anymore. We're in downtown Atlanta. There are homeless people milling about. I don't feel safe. Honey, hand me my weapon. OK, see, I'm not buying that at all because I lived for about 15 years exactly where this happened. I never felt like I had to get a gun and shoot a homeless person. So, I mean, Clint Rucker, you're the veteran trial lawyer that handled this case. Is he trying to say the homeless people are after me? Translation, the black people are after me.
Starting point is 00:04:13 Is that what he's saying? That's absolutely what he was saying. You know, there were also some allegations that he made during the course of the trial that he was actually afraid of potential Black Lives Matter protesters who might be milling about. And so you're absolutely right. There was this issue that we dealt with during the trial that had to do with a racial motivation. He was trying to use the excuse that he was afraid of black folks, literally. And that was the reason why he needed to arm himself with a loaded handgun while he was riding through. Riding through downtown Atlanta in his luxury SUV. He needed a gun in the back seat.
Starting point is 00:04:58 Oh, OK. Let's hear some more of what Tex McIver has to say. But first, Mike Pachinik, isn't it correct that his wife, before he shot her dead, Diane McIver, was a very high-powered executive with Corey? She was. She was a self-made woman. She rose through the ranks of the company and was among its executive team and making a lot of money in the process. What kind of company is Corey? They do a lot of things, but outdoor advertising. If you're ever driving through downtown Atlanta, you see that big smokestack there off the Grady Curve. It says Corey Enterprises on it. That's kind of their flagship over there, and that's what they're known for. Yeah, I remember after she was shot dead by her husband,
Starting point is 00:05:40 they had a memorial of that illuminated, of that chimney stack you're talking about for a really long time in honor of Diane. Beautiful, brilliant. And she was making a ton of money. Right, Clint Rucker? That's right. Listen, I'll just give you a couple of tidbits to help put into perspective how wealthy Diane MacGyver actually was. I need some help because you know what, Clint? As you know from you and I being trial lawyers when I was in the DA's office, one of my summer jobs was as a camp counselor in tree identification at the Rock Eagle National Forest. And in Putnam County, you know where that is.
Starting point is 00:06:27 I surely do. This guy had a gentleman's farm. And boy, am I putting that in air quotas. Because, you know, my grandparents worked a farm. And it's a lot of back-breaking work. But what this guy did was basically go there every other weekend and throw parties at the farm. And his wife was footing the bill, not only for their Atlanta place, where he was a partner in a law firm, but had been put on emeritus status. Or so he wasn't bringing in a lot of money.
Starting point is 00:07:02 She was paying for all of his doings, plus his farm, a farm. She had to pay for all that. Seriously? That's right. Okay. Give me the tidbits. And Pachinik, don't hold back, Pachinik. Go ahead, Clint Rucker. All right right so let me tell you this one of the financial obstacles that Tex MacGyver had Nancy was that the farm was in arrears he was not making enough money at the firm to be able to pay the monthly mortgage on the farm and he was in arrears by several hundred thousand right all right my head started spinning around around like on what's the name of the movie? Exorcist. Thank you. When you said arrears, he wasn't making the house payments. You know what I said when I got married, Clint Rucker, I said, listen, you don't have to help me,
Starting point is 00:07:59 but don't hurt me. OK, you don't have to help me pay these bills. But don't hurt me for Pete's sake. Luckily, I got a good husband that works like a mule just like me. Long story short. So he wasn't making the mortgage payments on the house, the farm, excuse me? That's right. That's right. How bad was it? How bad was it?
Starting point is 00:08:21 Several hundred thousand dollars. Hold on. Sorry. I just threw up a little bit in my mouth. Hold on. Several hundred thousand. Why didn't he sell the thing? It had been he had purchased it years ago when he was a really prominent partner at his firm.
Starting point is 00:08:39 And so at one point it was no problem for him to handle the financial responsibilities. Objection, Your Honor. The witness is not being responsive to my question. Why didn't he sell it? He loved it too much. He loved it so much, his wife. Wanted to give it to his children. Dr. Bethany Marshall.
Starting point is 00:08:58 I need to shrink. Dr. Bethany Marshall, renowned psychoanalyst, joining us out of L.A. And she is starring in the new season of Paris in Love on Peacock. Dr. Bethany, help me. Why keep a man around that won't even pay the house note? At least work for Pete's sake. Well, you know, it's not uncommon for women who make more money than their partners to actually feel guilty that they're making more money, that they're usurping the partner's masculine role. OK, I'm sorry. What?
Starting point is 00:09:31 The masculine role? You know what? I am so lucky because David isn't like that at all. You know, God just dropped a big blessing right on my head. I know. And it's not about how much anybody makes. It's, are they working in the relationship and holding onto a farm because of pride, which is one of the seven deadly sins, by the way, because you don't want your partners at your law firm to know you had to sell the farm and you let your wife work her fingers to the bone
Starting point is 00:10:07 to pay for your ego project i mean for pete's sake go be a greeter at costco i just work man one of the primary symptoms of a personality disorder i haven't examined him i don't know if he has one here you go with personality disorder okay i'm't examined him. I don't know if he has one. Here you go with personality disorder. Okay, I'm ready. Get ready, Clint. Here it comes. People with personality disorders feel that everybody owes them, even if they're being completely taken care of by their spouse. I always call that a mooch. Well, or a parasite. Oh, that's a good one. Or a leech. And? You know, but it's very primitive because at the beginning of life, we feel that our mothers owe us to take care of us.
Starting point is 00:10:48 And the mothers do. They do owe us. But these very disturbed people go through life feeling owed by everybody. That's why they cheat. That's why they steal. That's why they're parasites with their partners. And there's also some research, Nancy, that shows that men who are married to women who make more money than them are more likely to cheat, which I think is fascinating because the other way around, it's not true. So you have that layered
Starting point is 00:11:17 on top of this. And I'm sure he wrote to her into this gradually. No woman goes into a relationship saying, okay, I'm going to support you 100%. That's rare. That's unheard of. What happens is it takes place, the contract or the agreement. You mean like the lobster in the pot, it's just barely warm at the get go, then you're boiling dead. It's interaction and interaction at a time. It's, oh, you know what? I forgot my wallet. Oh, you know what? Gosh, you know what? I'm in trial now. Well, you just sent the mortgage payment for the farm. Oh, you know, my daughter needs her as a mark. You know, she was probably, you know, contemplating her death for a long, long time, really thinking about this, you know, listening to his own clients, if he was a trial attorney, you know, picking up tips. And why is it, here's a question
Starting point is 00:12:16 that may not be within your expertise. Why do lawyers think they know everything? That's a good question for you, Clint Rucker. But let's get back on track because that's probably a very long, long psychoanalytic session to figure that out. But what doctors and surgeons. Same. Sorry, Dr. Dupree. But remember, I now recall distinctly, didn't he say that, this is you, Clint, or Mike Pachinko, jump in, that he accidentally shot his wife dead with a gun he was carrying in his lap because he was afraid of the Black Lives Matter protesters?
Starting point is 00:13:00 Actually, Nancy, I'm going to tell you, it gets better than that. Oh, OK, let me get comfy go ahead all right you ready you got yeah okay this is the story i i was afraid of the protesters and the homeless people so i asked for my gun which i knew was loaded i put the gun in my lap and then i fell asleep i was so afraid i fell asleep i was so afraid I fell asleep. I was so afraid I fell asleep. Why didn't they just get off? Was it going down Piedmont, Clint? They were coming down Piedmont, Nancy. You're familiar with that area. Why didn't they just turn on north or turn on Ponce and get on the interstate to wherever they were going? There was construction traffic. Oh, now you're
Starting point is 00:13:40 going to blame the construction traffic. He blamed the construction traffic. You can still turn. Wait, you're not really believing that. He's blaming the traffic? Blame the traffic. Oh, now you're going to blame the construction traffic. He blamed the construction traffic. You can still turn. Wait, you're not really believing that. He's blaming the traffic? Blame the traffic. Oh, I'm so happy. Nothing really could have made me happier. As he's coming down Piedmont across Ponce, across 10th Street, he's right there by Piedmont Park. The car comes to a stop at a red light light and he says that the gun just went off.
Starting point is 00:14:21 Crime Stories with Nancy Grace. Guns do not just go off. Christopher Byers joining me, private investigator at ByersInvestigative.com, former police chief, Johns Creek. Guns don't, quote, just go off. You have to pull the trigger. Christopher Byers, please explain when I say the pounds required on a trigger pull. What does that mean? Yeah, so I've been a firearms instructor for several decades now, and guns do not go off. What you're talking about with the trigger pull is it's the pound of pressure that's required to pull the trigger to enact the gun from firing.
Starting point is 00:15:07 And this particular gun that we're talking about was a revolver that had a 12 and a half pound trigger pull from the case, which is one of the highest that you can get. It's kind of what we in the industry refer to as a New York trigger because of all the requirements up in New York. It's one of the reasons that revolvers have kind of even kind of gone the way where they're not used as much anymore. Because of the trigger pull required on this, they become extremely inaccurate because, you know, your hands start shaking when you're trying to pull it. But a 12.5 trigger pull is one of the highest you can get. So you do not accidentally pull a 12 and a half pound trigger pull.
Starting point is 00:15:51 Now let's hear again from the horse's mouth what he says happens. Listen. Diane reaches in, pulls it out, hands it back to me. And we may have been on Piedmont. Anyway, I'm relatively satisfied that we're out of that kind of area. Right. And I guess I just lay back again and went to sleep. Okay.
Starting point is 00:16:19 This is a trial and it's only kind of an incredible weapon in my life. Okay. Danny Joe came to a stop. And anyway, I just, just time to wake up. But she came to a stop. And I was handling the gun. And I realized it was in my lap. Right.
Starting point is 00:16:44 And it went off. Clint Rucker, that's impossible. Because if he's holding the gun in his lap, and he's now sitting behind Diane, the victim, correct? He's sitting behind her? Correct. He would have had to have been holding the gun straight forward in his sleep.
Starting point is 00:17:00 Well, one of the real powerful things that really took the jury over the edge in terms of knowing that Tex MacGyver intentionally shot his wife was the trajectory. And we've got our panel experts who can speak to that, that ballistic term that shows the pathway that the bullet had to travel. And it was directly through the back of the seat. His arm would have had to been pointed directly at her back. And it was totally inconsistent with the version that he gave police. So didn't he tell police he was holding it in his lap sideways kind of? That's correct. Like you would hold it laying you're like you're reading a book and you put the book down
Starting point is 00:17:42 open on face down on your lap. He was holding it like in that horizontal position. So if he was holding it like that and the gun went off, it would have gone out the driver's side back door. Correct. That's correct. That's correct. That's what he said in the interview and demonstrated on video with Detective Brett Zimbrick, who, Nancy, I know you remember Detective Zimbrick.
Starting point is 00:18:07 Very well. Great cop. Great cop. So Mike Pchenik joining us, veteran journalist. Who would believe that? And didn't he change his story, Mike? There was a pot. First of all, he was afraid of the homeless people like they were zombies.
Starting point is 00:18:22 He was afraid of Black Lives Matter protesters, which I don't know that they're protesting at night. But then he said he hit a pothole. Then he said that the friend slash driver, Danny Joe Carter, came to an abrupt stop. I want to circle back to the pounds, though, that required to pull that trigger. Clint and Chris, correct me if I'm wrong, I believe there was testimony at trial that had Tex MacGyver cocked the gun and made it what's called single action, it only would have required about two and a quarter pounds to pull that fire. So six times less pressure to pull that gun if it were so-called double action. So by that theory, if it's in his lap and he gets jerked away, two and a half pounds, two and a quarter pounds, that's not a lot of pressure to pull a trigger and for it to just go off.
Starting point is 00:19:08 That's a really good point. What about it, Clint? Well, this is the fundamental point that I made to the jury, Nancy, is that Tech MacGyver was a gun expert. He taught gun safety. Why would he have his finger on the trigger in the first place? But what about the pull? Well, if the weapon was in double action, it requires a little bit more than 12 pounds to pull it, which is more than a 10 pound bag of sugar. That's a lot of pressure. In single action, it does require substantially less. But the testimony from Tex MacGyver's own mouth during his videotaped interview was that the weapon was in double action. Oh, OK.
Starting point is 00:19:48 Weapon was in double action. So that double action from Smith and Wesson when we talked to the expert. Holy moly. Wait a minute. I am looking right now at the high rise, the luxury complex they lived in in Buckhead, Atlanta. That costs some money can we talk about also what she Diane endured how many she was shot once right Clint that's right and the bullet missed her heart by a couple of centimeters okay listen, listen, I'm going to go to Dr. Michelle Dupree about what happens after she shot and what she said and did in the hospital before she died.
Starting point is 00:20:32 But first, listen to more of Tex McIver's, well, one of his versions of what happened. What do you remember after the gunshot? What did you hear? The shot. I immediately called out. I said, is everybody all right? And Danny Joe said yes. And Diane was kind of flattered. She said, I've been shot, and worse to that effect.
Starting point is 00:20:58 And I immediately put my arms around her and tried to determine what was how bad it was. And then I made the judgment that Emory was the closest hospital. Emory was not the closest hospital, Mike Majinkit. But they could have gone to Grady, which is a trauma one ER, which
Starting point is 00:21:20 everybody in Atlanta knows that's where you go if you have a gunshot wound. You don't go to Emory Hospital. No. What, the Hart Wing? H-E-L-L-N-O. And they're about six, eight blocks, ten blocks maybe from Emory. They're in the Piedmont Ponce area, right, Clint Rucker?
Starting point is 00:21:37 That's right, Nancy. And in addition to Grady, Crawford Long is right a couple of blocks away on Peachtree. Okay, you know what? It's just getting worse and worse to me. I want to hear what happened at the hospital to Mike Pachinik, joining us, veteran journalist, founder of Pachinik Media Group. Mike, is it true that at first she may have thought it was an accident, but then moments later, as she's thinking back through it, she will not let him in the hospital room with her? That's right. She told the nurses, I don't want him back here with me. I don't want him back here. Well, Clint Rucker, I know you recall when the twins were born, I wouldn't let David leave me. I made him read the Bible the whole time. I thought we were all dying, which we almost did. The last thing I wanted him to do was leave. That's right. I mean,
Starting point is 00:22:37 this tells me everything. She would not even let him in the room. That's right. And Nancy, you know, it's not unusual for domestic violence victims to warn other people that if they die, it was their spouse and to not want their spouses around at critical moments like this. You know, to think this clearly when you're critically mortally wounded that you don't want your spouse around, you know, that thought has been brewing inside of her for a long, long time that he could harm her. Dr. Michelle Dupree joining me, forensic pathologist, medical examiner, former detective with the Lexington County Sheriff's Department, now author of a best-selling book, Money, Mischief, and Murder, The Murdoch Saga, the rest of the story. But what interests me today is the fact that she wrote
Starting point is 00:23:27 the Homicide Investigation Field Guide. Dr. Dupree, I want you to use all of your knowledge and tell me what she lived through because she was awake and coherent for a considerable period of time until he went all the way across town, basically to another city, Decatur, to the hospital at Emory University, which is known for its cancer and heart treatments, not gunshot wound treatments. It's a research hospital. Yes. Yes. And she had the wherewithal to tell the nurse, don't let him in the room with me. So she was awake and aware, Dr. Dupree. Exactly, Nancy.
Starting point is 00:24:13 She felt every single bit of this. And to make matters worse, this bullet, this projectile actually passed through the back seat, which means that that is an intermediary target, which expands the bullet. And so that when it actually enters her body, it's larger than it would have been had it not. This was excruciating. She must have been in terrible pain, Dr. Dupree. Absolutely. She felt all of this. And in her last moments, she insisted that he be barred from her hospital room. Have you ever heard such a thing, Dr. Dupree? I have heard it, but it's always been in domestic violence cases or someone who is afraid of that person. Well, guys, it's not just his crazy theory that, correct me if I'm wrong,
Starting point is 00:24:58 Clint, please jump in. And Mike Pachinna, you've been on the story since the get-go. Guys, he's got a new trial. He's going to have a new trial. Clint works his fingers to the bone, gets a conviction, and now it's being reversed. The judges up in their ivory tower decided, I don't like something, and have reversed it. This guy is going to end up outsmarting Lady Justice. Just listen to me on this. In addition to what happened at the time of the shooting, you have got to hear what happens after the shooting. Take a listen to our friends in Cut 23 sydney sumner crime online as friends
Starting point is 00:25:47 come to offer condolences on the passing of his wife most expect to see tex mciver upset in shock that he accidentally shot his wife the love of his life and caused her death instead they find a man who seems more concerned about money jay grover was a colleague of diane mciver and he says within two days of diane's death, Tex was asking him about his wife's social security benefits, wondering if he could collect her checks. Another colleague, Ken Rickert, said Tex asked him about getting Diane social security and complained about a salary being cut at the law firm where he worked. And Rickert, how soon after he shoots her dead is he worried about the money? Right afterwards. It's one of the first conversations he has when he gets home from
Starting point is 00:26:30 the hospital with her friends and colleagues who are devastated at her death. But Clint, that's not all. What about basically the highfalutin yard sale. Listen. While police investigate how Tex McIver's gun accidentally went off in the back seat, Tex McIver seems to be investigating how to liquidate his late wife's assets. Tex McIver organized to sell many of his wife's possessions at an auction as part of an estate sale. McIver said he was liquidating things
Starting point is 00:27:02 to settle his wife's estate. McIver sold everything he liquidating things to settle his wife's estate. McIver sold everything he could of his wife's clothing, jewelry, furs, hats, just about everything. The sale lasted several days. It was later revealed that Tex McIver owed his wife nearly $350,000, which she loaned him for a barn he built on the ranch for guests on their estate. A $350,000 barn for guests. What, did they throw parties and have guests stay down there, Clint Rucker? They did. It was an outstanding looking facility. It was built in a western style, just like a saloon on the bottom and had bedrooms upstairs. It was wonderful.
Starting point is 00:27:43 Okay, wait, wait. There was a saloon on the bottom? That's right. And bedrooms upstairs? Yeah, an old western style saloon with the swinging doors and the long wooden bar. And she was paying for this? And she paid for it. And it's my understanding, Clint, she didn't even like going down there. She didn't really like going down there. She was a city girl. Well, the woman is working 24-7, 365 24 7 365 what's she gonna do sit on the front porch and rock well you know uh they like to entertain so she enjoyed okay that uh farm from the aspect of being able to host huge parties they had a huge wine cellar with over 20 000000 bottles of wine. Okay, please, what? What? You know you're talking to a teetotaler.
Starting point is 00:28:27 What did you say about $20,000, about bottles of wine? Oh, yes, Nancy. 20,000 individual bottles of wine, I believe they inventoried out of the wine cellar at that farm. Clint, did you ever go to the farm? I did visit the farm a few times. You have to tell me some more about the farm. What, what? ever go to the farm? I did visit the farm a few times. You have to tell me some more about the farm. What, what? It's about 88 acres. It is surrounded by a pristine white
Starting point is 00:28:53 picket fence. Oh, just right there. Nobody that's on a working farm that I know of anyway has a white picket fence because that takes so long to paint and you have to paint it like every three or four years because of the weather. Anyway, go ahead. Go ahead. Eighty eight acres. And it had a huge main house, a pool, in-ground pool right behind. Right. As opposed to an above ground like so many of us enjoy in the South. Right. I'm not talking about the little plastic pools that you can jump in that sit right above the ground. This was a huge in-ground pool. It was beautiful. And right behind it was this new barn that they built, which was really a guest house and a saloon and a stable for horses. Did they keep horses?
Starting point is 00:29:47 They kept horses. Oh, man, that'll suck in $20,000, $50,000 a year for a horse right there. Yeah. They were choking. They were choking. How much? $20,000 a month to maintain and upkeep this farm on a monthly basis to include the food for the horse and the cattle. 20 grand a month?
Starting point is 00:30:07 A month, that's right. Nancy, if I could make a comment about this. I'm sorry, I feel like I'm choking right now thinking they're just hemorrhaging money for him to have his gentleman's farm and throw parties. Okay, go ahead, Dr. Bethany. Well, to that point, it'd be interesting to talk to her financial planner and see how much was she actually making? Was she saving for retirement? Or was all of it going towards the Gentleman Farm? What was she telling her girlfriend? Did she say to them that she was happy to spend all this money? Or were there any complaints? I think that would be very telling. And I think finally, Clint said that, or someone said that, you know,
Starting point is 00:30:44 she enjoyed spending money. I don't remember him saying that. I thought he said she enjoyed having the parties. Oh, I thought it was enjoyed having the party. But Nancy, she was she was loose with the credit card. We did do a deep dive in the finances for both of them and we had an expert testify that she spent on average, get this Nancy, I hope she's sitting down. I better lay down.
Starting point is 00:31:13 About $30,000 a month on her American Express black card. What's a black card? Oh, it's a... But does that mean no limit? It's no limit. Well, listen to me, Clint Rucker. She was working.
Starting point is 00:31:27 So you go right ahead and spin it. He was not. He could afford it. Crime Stories with Nancy Grace. crime stories with nancy grace isn't there something dr bethany where people will buy things and it gives them some kind of sense of gratification whether they need it or not yeah you know the research shows that the most gratification occurs the immediate 15 minutes after you purchase something you buy a great blouse you're happy immediate 15 minutes after you purchase something. You buy a great blouse, you're happy for 15 minutes, and then it drops off precipitously. So then you have to go and buy something else.
Starting point is 00:32:13 And that's how spending compulsions occur. But I think a good point is that she was earning that money. And it'd be interesting to know, was $30,000 a month a lot to her? Maybe it wasn't that much. Who knows? You'd have to talk to her financial planner, get an overall sense of her finances. Hey, I bet she paid for everything, all their food. She may have even paid that condo mortgage on the Amex.
Starting point is 00:32:38 I mean, or she was one of those women. I hear this a lot where the man gets the woman to pay everything but he gets you know he's um a member of her card like he's another card holder so then he throws out the credit card at dinner and it looks like she's paying if they're taking a big group of people to dinner but actually she's paying so there's all kinds of really nefarious ways that men and parasites get the woman to pay and still maintain their pride. I have somehow driven the bus into the weeds. Mike Pachinik, that was me this time, Dr. Bethany.
Starting point is 00:33:13 We were talking about the glorified yard sale where he sold all of her possessions, her jewelry, things that matter to her, all of her designer clothes and handbags. I remember, as a matter of fact, I think it was your old station, WSB TV, watching them inside this boutique sale. It looked like a warehouse with all of her beautiful shoes and bags. And it was very quickly after she's dead, jewelry, furs, hats, everything. Yeah. And throngs of people showed up to buy this stuff, you know, sort of secondhand. And it was a madhouse. You know, that reminds me of Mike Pachinik. It reminds me of Drew Peterson. Well, he's been convicted in the murder of Kathleen Savio, one wife, and I believe he
Starting point is 00:34:06 murdered his fourth wife, Stacey Peterson. The moment Stacey goes missing, air quoties, air quoties, he gives away lingerie, her swimsuits, her fur coat to his girlfriend, I guess, to another woman. He and she wasn't walking back in the front door. Kind of reminds me of Scott Peterson. The moment Lacey went missing, quotey, quotey, he immediately tries to sell her car and gets the porn channel. This guy, I mean, what does that say? How much did he make off the sale, Mike Pachinik? I don't have the exact number. I'm sure Clint could tell you that, but I'm guessing in the
Starting point is 00:34:42 hundreds of thousands of dollars. But it wasn't just the money, Nancy. It was his behavior that friends testified to that really was sort of a textbook way that you don't act after your spouse has been, you know, unceremoniously killed. Like what? Like what? What, Titanic? Just he wasn't distraught. He wasn't emotional. He was just stoic and very calculated in how he talked about his wife after her death. And that struck a lot of people who testified the wrong way. If my wife were killed, I'd be a I'd be a hot mess. Yes. Clint Rucker, give me an example. Well, I'll give you a really good example. The thing that was so inconsistent was on the one hand, he would tell people, oh, my goodness, Diane was the love of my life. I don't know how I'm going to go on
Starting point is 00:35:31 without her. And then in that same conversation, say, hey, how much do you think I can get for her fur coat? That kind of inconsistency said to people that he was desperate for money and he really didn't give a doggone about Diane. Well, it ain't over yet. Yes, a jury convicted him, but we ain't heard the last of Tex MacGyver. Listen to our friend Dave Mack at Crime Online Cut 30. After being sentenced to life in prison, Tex MacGyver didn't go away quietly. He has always said it was a terrible accident. In June of 2022, the Supreme Court reversed Tex MacGyver's convictions because they said the trial court erred in denying his request
Starting point is 00:36:11 to charge the jury on a lesser involuntary manslaughter offense. So the case has been reversed. Clint Rucker, what do you expect to be done any differently in trial number two. They convicted him on, I believe, voluntary. He was convicted of felony murder based on the felony of aggravated assault or shooting his wife. Yes. So let me think this through. For instance, in the Murdoch trial, if they have any sense at all when they retry that case, if there ever is a new trial granted which i hope
Starting point is 00:36:45 there's not they will not put his lying self on the stand because that was nailing his coffin so what do you think if anything will be done differently in trial number two and they don't seem to be in any hurry to try it either well one of the things that judge mcney, the trial judge, ordered the state not to do this time that was done the first time is to introduce the notion that part of the motivation was the existence of a second will that Diane McIver had created in order to ensure that she maintained control of the farm as well as all her personal assets. That can't be mentioned or discussed in the second trial. Who had a second will? Wait, whose second will? Diane MacGyver.
Starting point is 00:37:33 So if she changed her will to state that, what? So there was a will that existed between Diane and Tex when they first got married, where they split their assets. Right before her murder, she was talking to lawyers about creating a second will, a different will, that would leave her assets to her godson and not to Tex. There was a worker at the Corey Company who one night says that Diane actually asked her to make two copies of a document that she glanced at and saw that it said, last will and testament. And so the theory
Starting point is 00:38:13 from the state was that there was a second will that Diane MacGyver actually executed, and that had gone missing after her death, and that will will would have shown Diane's true intent to leave all her finances to her godson and not to her husband. Well, this is what I know, Clint Rucker. You need to come out of that private practice and get back in the ring and retry this case, ma'am. We wait as justice unfolds. Goodbye, friend.
Starting point is 00:38:47 This is an I Heart Podcast.

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