Witnessed: Devil in the Ditch - Deadly Fortune | 5. Judgement Day

Episode Date: January 29, 2025

The trial of Tex McIver uncovers new details of what happened the night of Diane's death.  But what will Tex's fate be? Binge all episodes of Deadly Fortune, ad-free today by subscribing to The Binge. Visit The Binge Crimes on Apple Podcasts and hit ‘subscribe’ or visit GetTheBinge.com to get access. The Binge – feed your true crime obsession. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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visit GetTheBe.com to get access wherever you listen. The Binge, feature true crime obsession. What had initially been considered an accident was now a serious and somber reality, where the story that Tex had told investigators now just didn't add up. Here's Detective Mike Smith. I mean again, everybody wants to believe Tex. So they wanted to believe Tex, so they didn't want to disprove the story. Depends upon how you do an investigation, and these officers are the best homicide unit probably

in the country. Hardest working group of guys I've ever been around in my life. And they eat, sleep, and breathe this stuff. So, and they want to do the right thing. None of them wanted to believe that Tex was what he was or what he is. And only God knows for sure. Mostly they're doing ghetto homicides. Mostly they're doing drug homicides. I'm sure they wanted to believe Tex as much as they could. And they started an investigation. They tried to listen to Tex, and they got to thinking about it,

and I think they decided that they couldn't listen to Tex. And Tex was a very articulable, very bright young man. A brilliant lawyer, corporate lawyer, so you know he dealt with the upper end of society the whole time. Police officers typically, we don't deal with that level of people. Typically we're dealing with the bottom of society. And here we are dealing with the top edge of society, which makes a little bit of a problem. Tex was top edge society. Diane was top edge society. So everybody involved

in this thing was top edge society that nobody's used to dealing with. Whatever the case, Tex MacGyver was indicted on April 27, 2017, headed to one of the highest profile murder cases in the South in decades. Make no bones about it, prosecutors believed that Tex MacGyver murdered his wife. You can't change facts and you can't change physical evidence. You can change a witness. You can't change physical evidence. You can change a witness, you can't change physical evidence. I think there's more to that story that hasn't been told yet, sir. From Sony Music Entertainment and Waveland Road, you're listening to Deadly

Fortune. This is episode 5, Judgment Day. Here's Bill Crane talking about Jay Grover's relentless quest to find the truth and honor his friend Diane's name. Jay believed from that morning at his home that it was intentional and that things did not add up. He was a former DeKalb County Police Officer, former Rockdale County Police Officer, I believe Sheriff's Deputy and a detective. And whereas I was watching this unfold and being shocked that this longtime family retainer lawyer was destroying himself, Jay and I are friends of four decades. And I remember the conversation with him about this and saying, you know, I'm not going to help Tex anymore,

I'm not going to be a spokesman anymore, but my story isn't going to change because I wasn't there. I wasn't in the car. I can only relay what was told to me. And as crystal clear as I can, I will repeat what was told to me, assuming at least at one point in time, that was, you know, I recommended the night of, the night of that first conversation. Let's get a video camera. Let's get you to lay every detail you remember about that entire day out now and give it to the Atlanta Police Department, give it to the District Attorney's Office, and for your own purposes, you'll have a consistent story to fall back on and rely on.

Your memory will fade." He wouldn't do it. I had originally deliberated telling this story in book form, and I interviewed Jay Grover as I started to document it all. Here's Jay from 2022 in his own words. I didn't want to initially believe that it was anything but just a horrific, tragic accident. But I'm going to tell you, it didn't take long before, and I don't know whether it's, you know, maybe it's that police officer coming out in me, maybe it's just human nature, maybe, you know, I don't know. But it didn't take long that it's like, well, wait a minute, you know, hold on to say that

doesn't make sense. Every day there was a new detail that came out that just did not make sense. And by the time that it came out about the gun, that it was a damn shrouded hammer revolver, that I'm like, oh hell no. Everything that came out from that point on I would get it damn sideways, you know It just it just did not make any damn sense We knew nothing about his his depleted financial Resources and all until it came out to trial.

We just, which, we just didn't know that. That was, those were bombshells to us. I saw, along with so many others close to him, that his endless quest began to take a toll on Jay. He had already lost his own son. And now that Diane was gone too, it was just too much. Here's Jay's fiance, Christy Phillips. Jay was never the same. He was never the same.

Jay was a very, very strong, happy person. I mean, you know. I've probably never seen Jay break down as much. The only other thing that I'd seen Jay get as emotional about was anything to do with his son. It was on that level. So losing Diane was right there with losing his son. I would visit the Corey offices

and I would describe it like a morgue. Yeah, it still is to this day. And Jay had to go show up there every day? Yeah. No, it definitely took a toll on Jay and I'll even go so far as to say it's probably what led to his demise. He was not taking care of himself and I think it was all a contributor. I still can't believe Jay Grover is dead. He was one of my closest friends and I'm still grieving his loss. And even now, he's so important to this story and uncovering the truth. Tex McGyver was having money problems, big time.

Remember, Tex had already sold off Diane's jewelry and belongings just weeks after her death, and he had left her cremains at the funeral home, saying he wanted to wait to pay until her estate was settled. And now, headed into the trial, it was discovered he owed Diane $350,000 and it had come time to pay up. And Diane wasn't going to let him off the hook this time. You see, Diane was worth millions. And as Jay Grover and others discovered, there was another shoe yet to drop. Jay's take was this was intentional, there was a plan, and when did it start? And so they started looking for things like the second will and motive.

Here's Rachel Stiles, Diane's former coworkworker and close friend. Well, the secretary that they had at the Corey office was going out for some surgery. And Diane calls me up, this was like in September, and she says, you know, could you come and help us out for a couple of weeks while she's recuperating from her surgery? And I thought, well, September, I'll be through by Christmas, so, you know, yeah, I'll come help you. Well, it lasted almost four years, not just a couple of months. And Diane, she knew she could always trust me. Whatever she wanted done, Rachel could do it for her.

Before Diane's death, it seemed she had created a secret second will that now included provisions for her godson, Austin, one that could now reduce what texts might receive in the case of her untimely death. She came out to my desk during lunch, it was 12.30 or so, and a lot of people had gone to lunch. And she says, I need you to make some copies of something for me. So we walked back to her office, she hands me these papers, and she said, I need two copies made.

And I said, okay, so I walk into the copy room, put the papers in there, made the two copies and walked back. I didn't dare look at them because if Diane had saw me reading, I didn't know what it was. And I knew they had been negotiating to sell the billboard company. And when she said that she couldn't trust anybody else, she didn't want the employees to know that they were in that negotiation. So I take the papers back to her, and when I handed them to her, she thanked me profusely and said, thank you so much.

This is my new will. I had no clue what it was in it and did not care. But I thought, you know, she has trusted me with something that was very, very personal to her. Did you ever have any idea what the purpose of the second will was? Well when they made the first will, Austin, their godson, was not born. They made it in 2006 after they got married in 2005. And they made their will in 2006.

And then when Austin came along, I knew that Diane wanted to make provisions to take care of it, because she was the godmother of this child. I think she certainly wanted to make sure Tex was taken care of, too. You know, lots of people denied there was a will, but then there was conversations that it was never signed. But nobody could ever find the will. Tex comes home, and Tex is in the condominium for a day or so before the police really get involved. You think there's any chance Tex took possession of that will? That will never was in the house. It was in a safe at the office. If it was not destroyed. It's 1998, and petty thief Daniel Blanchard is about to carry out the heist of a lifetime, stealing a crown jewel, the last remaining Cece Star.

But what happens when ambition becomes obsession? Because what Daniel doesn't know is that no star stays lucky forever. I'm Ceren Jones, and this is a most audacious heist. Listen on Apple Podcasts, Spotify, Amazon Music, or wherever you get your podcasts. It's 1998, and petty thief Daniel Blanchard is about to carry out the heist of a lifetime, stealing a crown jewel, the last remaining CC star.

But what happens when ambition becomes obsession? Because what Daniel doesn't know is that no star stays lucky forever. I'm Ceren Jones, and this is a most audacious heist. Listen on Apple Podcasts, Spotify, Amazon Music, or wherever you get your podcasts. It's March 2018 and headlines are splashed across network news and newspapers nationwide. Tex MacGyver's trial is starting. He's been charged for malice murder in the death of his wife Diane, along with six additional charges. As the frenzied coverage continues to build in this trial of the century set in downtown

Atlanta, I can't help but think back to the good times we shared before the tragedy. So many questions pop into my head every morning as we get closer to the start of the trial. What happened? What did I miss? Did Tex do this on purpose? And where do we go from here? I also realized that the closed circle we all once had has been permanently broken, never to be repaired. Money Power Influence These were the worlds that Tex and Diane McIver lived in. They were both wealthy separately when they got married and had kept their finances separate.

They shared a swanky condo in Buckhead and a 75-acre estate out in Eatonton. Life, it seemed, was good. Prosecutors now had 30 boxes of financial records, several computers, and were in search of the mysterious second will. Prosecutors, considering the motive behind the shooting, believed these finances were behind it all. The question that everyone in the courtroom considered when Tex McIver's trial started in March of 2018 was not whether Tex McIver fired the gun that killed his wife Diane.

The real question was, did he do it intentionally? He was not in my field of law. He had nothing to do with criminal practice. I didn't even know he existed. I read the papers like everybody else did. I became fascinated with the case. And when Bruce called me up, you know, I was on vacation over Thanksgiving. I said, I'll be there in 30 minutes.

This is Don Samuel, who was on Texas defense team for his murder trial in 2018. Bruce is Bruce Harvey, his fellow lawyer on the case. Well, I felt, you know, it was a fascinating case. You know, there was fascinating issues in it. I like Bruce a lot. Bruce and I have, you know, worked on a number of cases together already by then. You know, lawyers like taking cases that are in the public eye. I've worked on a number of cases together already by them. Lawyers like taking cases that are in the public eye.

So I didn't do it for free. Well, you know, I'm not necessarily privy to everything that happens in the DA's office, but you know, Paul Howard and Clint Rucker, both of whom I've known forever, Clint is now in my law firm. I assume you know that. We work together. But at the time he was in the DA's office. And I think they were suspicious of some of the same things that the public was. Why is he selling all her jewelry like within a matter of weeks? Why is he asking people about social security benefits, you know, 24 hours after she's died. Why does he have a gun loaded with a trigger pulled, you know, in the car?

And they really, I think they really came to believe it was a case that needed to be tried, needed to go to the jury. I don't agree. I don't think it was a case that should have been tried. I think, you know, it should have been tried as an involuntary manslaughter case. That's what the allegation should have been. Reckless endangerment. You can get 10 years on that.

I think that would have been a fair way to prosecute this case to begin with. Billy Corey was in court every day, as was Jay Grover. Billy was quiet. Most didn't even know who he was. He had been a driving force to find out what really happened to Diane that night. Most people who were in the room who attended, he was there with Danny Joe Carter and a couple of other members of the company. And I believe Jay Grover every single day of that trial,

he sought no interviews. He sought to give no comment. He wanted to witness it, he did. But most of the people in the room didn't know. I mean, certainly they did in the DA's office and certainly the defense did, but most people in the room didn't know who he was. Emotions were raw in the courtroom

as Billy Corey, Jay Grover and others attended each of the 27 days of the trial. You know, there's always going to be grieving family. There's always going to be grieving people, victims' families. Some are rational, some are not rational. Some have political pull, some don't. Some may make the DA nervous about, you know, come election time. I'm sure Billy Corey was adamant that he should be prosecuted. But I don't hold that against him any more than I would hold it against, you know, a spouse of someone who dies in a car wreck, even though it was an accident and says, I want the death penalty. In this story, I've been a reporter, political hopeful, friend of the inner circle, but now

I also had to play a new role, witness in a murder case. I testified in the case that from my point of view, Tex and Diane did not have a perfect marriage. It was not easy to see Tex in the courtroom that day. It was not easy to see Billy and Jay. This close circle was now bound by these necessary and horrible circumstances. Having been so close to Tex in the disastrous lead-up to the trial, Bill Crane says he was feeling the heat as well.

Two days before trial, to not testify to this, to not say it again, and then a representative was sent to my uncle that was not entirely threatening, but it was implied. And I just, I told, I called his lawyers, who I do know, and I said the last time before trial, if you bother my uncle again, if you reach out to any family member, you get a phone call to me on this issue, which I'm not going to lie for you.

I'm not going to lie to the court. I'm going to start remembering things from an earlier point in Texas life that will not be helpful. And Wendy Edson discovered something she didn't know when she was called to testify about Diane's jewelry. First time I've ever testified in any type of case in regards to the things that we do, providing funeral service arrangements or cremations. I think it was an overall, I don't know, maybe the perception of how Mr. McGyver may or may not have been acting.

Everybody grieves differently. When you went to testify, was that the first time that you saw the jewelry catalog? Yes, first time I saw the catalog, yes. Are you saying that when they showed you the catalog, that's the first time that you realized that they were, that those were sold? Yes. Yes.

I'm just speaking for myself. If I had lost someone that I loved, that would be the last thing I would think of. It would be selling their personal items, especially because, you know, as women, we love our jewelry. The Black Lives Matter narrative hung over the trial too, which does not sit well with Don Samuel. Well, you know, it was due to things that Tech said and the whole issue with Mr. Crane's, you know, public relations issues, I thought it was exploited totally inappropriately, the judgment. But the case really had nothing to do with Grace.

I mean, a white defendant, a white wife, everybody was, you know, Caucasian in this case, was white. So why would Grace have anything to do with this case? So it's because of an offhanded remark he made or didn't make one way or the other about why he felt endangered, you know, downtown Atlanta at night. I bet there's a lot of people who feel somewhat endangered in downtown Atlanta at night. I'm not crazy about walking around sometimes. I wouldn't let my kids walk around.

It's not because of race, but Texas is a southerner. I didn't grow up in the south, so that's not the way I would describe my fear. But it had nothing to do with the crime at all, at all. I'm not sure I can understand how to put together he should have talked and kept his mouth shut. Probably one or the other. You know, the comment he made to Danny Joe or the jury found that he did and Danny Joe said he did about pretend you weren't here is so nonsensical. It would be as if I walked out of the door here right now and said, Dale, do me a favor. Tell everybody I wasn't here. We're on camera. You're taping me. I mean he drives, you know, he's in the backseat of the car that pulls up in the ER at Emory. He gets out, all the nurses are there. He's helping everybody out. Danny

Joe is driving. Why would he tell her, pretend you weren't here? It's completely illogical. Obviously, if he said it, and I'm not convinced he did, it's just, to me it was just another peculiar thing that happens when someone dies. Your wife dies right in front of you, you know, at your hands. There's going to be a lot of odd things that happen. But what did Tex deserve in Don Samuel's mind? Well, you know, I'm not sure I can give a great answer. I think it was apparent to everybody at the outset that this, it just made no sense that

this was a malice murder or a murder. It was obvious that he had the gun in his hand. It was undeniable. It's undeniable the gun shot. It's undeniable the bullet went through the backseat and he is the cause of Diane's death. It just wasn't an issue. So you know that doesn't mean you have to immediately mount a malice murder investigation. You need to take DNA samples everywhere.

You need to figure out where the gunpowder is, where the gunshot residue is, where the, you know, I'm not sure that's necessary every time you think it's absolutely obvious that it was an accident. I'm sure there are hundreds of accidents that don't get investigated as murders. And I think that's what the police department viewed the cases being. Without a whole lot of doubt. You know, you all had suspicions based on very odd circumstantial evidence. I mean, by the time we went to trial, there was this myth that

there was a second will. Maybe you believe there was a second will, maybe, you know, one person was told one point or another. Nobody ever found a second will. Nobody ever found a lawyer who drafted a second will. Nobody ever had any evidence that Tex was aware of, saw, or, you know, was motivated by a second will. So, you know, and then the trial was, well, why did they go to Emory? Can you imagine that? That being a reason, we should prosecute him for murder. Not because he went to Emory rather than Grady. But that shows he didn't want her to get care.

He drove her to Emory rather... There's a million things in life that are hard to explain and to jump from that to these odd things they all add up to malice murder and then you ignore he's in the car with her best friend. Why would anybody shoot through the backseat of a car that's full of metal, you know, all the stuff that's inside of a fancy car with the best friend in the... I can't understand how anybody can ignore all that and say, oh, but he sold her jewelry so obviously he's a murderer or he called the wrong PR person so he's a murderer. Or he called the wrong PR person. So he's obviously a murderer. I don't buy it.

I just don't. If I were a juror hearing this case, I would have said, let's talk about how negligent it is to have a gun in your lap. That's what we're fighting over here, folks. Is it reckless or is it negligent? The defense went to great lengths trying to convince the jury that Tex and Diane had the perfect marriage and that they loved each other deeply.

What did I see? Diane was Maude to Tex's Arthur. Think 1970s television where Maude is the overbearing wife to husband Arthur's smaller personality and stature. Think of Lucy and Charlie Brown, when Lucy pulls the football away at the last moment and laughs every time she does it. While I saw love, I was also in my own uncomfortable situations, where Diane would call Tex an idiot, demeaning and

belittling him in front of an audience. It was demeaning, but Tex would smile and say, yes, darlin', was this a couple spat or something deeper? I also believe that Tex knew Diane was worth millions, despite his claims that he had more money than her. And it turned out she was worth millions more than tax. It became a factor in the trial. Hi, everyone. This is Jonathan Van Ness. Clean water, fresh air,

our health. Electricity, honey. We tend to take for granted the things that matter most, like the separation of church and state. Americans United for separation of church and state has been on the front lines defending your freedom to live and believe as you choose, so long as you don't harm others. Most folks don't see how church-state separation affects our daily lives until that freedom is gone. The separation between church and state covers many core freedoms like civil rights for LGBTQIA plus people, women and racial-slash-religious minorities, or reproductive justice and freedom.

But those rights are not a given. Every day, Americans United works at the state and federal level to make sure these freedoms and more are protected for every American to enjoy and benefit from. They can't do this alone, though. Join Americans United for separation of church and state and growing the movement, because church-state separation protects everyone.

Freedom without favor and equality without exception. Learn more and get involved at au.org slash curious. When a body is discovered 10 miles out to sea, it sparks a mind-blowing police investigation. There's a man living in his address in the name of deceased. He's one of the most wanted men in the world. This isn't really happening. Officers are finding large sums of money. It's a tale of murder, skullduggery and international intrigue.

So who really is he? I'm Sam Mullins and this is Sea of Lies from CBC's Uncovered, available now. The prosecution closed their case. We know by way of the evidence that this is not an accident. This is not a malfunctioning gun that just went off. The gun has been sitting in this courtroom for all these days with no issues, and it had no issues that night. You heard the testimony of many witnesses about that. This is no accident.

Under the laws of this state, we are not required to prove premeditation of any kind. And under the laws of this state, we are not required to prove motive. In this case though, you have evidence about the motive of the defendant, his state of mind at the time that this killing was done. And the judge is going to tell you the evidence of motive, if any, in this case, have been admitted for you to determine that, the defendant's state of mind, when this actually happened.

In this case, we know that the defendant was under pretty extreme financial stress, that he was living up here and earning down here. He wasn't willing to make a change to that lifestyle. We know that the ranch was his pride and joy. And the ownership of the ranch had changed over the years, because now Diane McIver was on the deed, and she had a different intention. All of those things can be considered when you are determining the defendant's state

of mind at the time of this killing. If this killing is done with malice, no matter how short of time that develops than in his murder under the law. Malice can be formed in an instant. In an instant. It can be formed the moment that your hand wraps around that trigger. We know that he shot her by squeezing that trigger using 12 pounds of force. Don Samuel stood in front of the jury. In the opening statement, as Griffin said, that this was a planned, intentional, and calculated murder.

That's the first position the state took. Was this a well-planned, deliberate murder? Was the shooting planned, intentional, and calculated, like Ms. Griffin said. That's one option. Second option is, did he decide at 10 o'clock on a Sunday night after a pleasant weekend at the ranch and dinner at a long-run stay-cast to kill the woman he loved? That's the other thing that we've developed, that she nabbed him, that she complained about his weight, that she yelled at him in

the car about not going to sleep, and then the conference says you can form a balance in an instant to suggest that this perhaps is the option. Okay, don't worry about all the pre-planning. As long as when the gun was fired, he intended to kill, that's enough. So it's got to be one of those two, ultimately, is the state's theory. Either it's a well-planned, deliberate, planned, intentional, calculated murder, or something snapped at 10 o'clock at night, driving up people. If you're going to murder someone, please just use some common sense. If you're going to murder someone, why do you shoot her in

front of her best friend? Why would you do that? Come up with one reason. It's not improbable that this was an intentional, thought out, calculated, well planned after murder. And you're going to convince your wife somehow, maybe through ESP or some kind of mental game, you've got a Jedi, whatever the word, you know, I'm going to convince my wife to tell Dr. Hardy it was an accident. It was an accident? That's what happened in the car then.

That's what happened in the car then. None of the facts support the state's theory that this was well planned out intentionally. None of them do. You don't need 16 dads, here's the last one. Why don't they have a moment that makes any sense? A consistent, there is something that makes sense here. Their arguments about money are not accurate. Their arguments about being picked on are ridiculous, trivial. States argue in this case. Basically, Mr. Rutten will surprise us all and educate us all about what their real theory is going to be. But it's essentially based on speculation and red herrings.

Speculation, there must have been a second will. Speculation, he must have been getting rated four quarters under 350,000. Speculation, they must have been arguing in private. There must have been all these private arguments that none of the friends know about. That's going to convince you beyond reasonable doubt The or 30 different things, none of which we've heard any evidence about. It was us. The jury sent a note back on the fifth day of deliberations, saying it was unable to reach a verdict as to intent on the indicted counts of malice murder,

felony murder, aggravated assault, and influencing a witness. felony murder, aggravated assault, and influencing a witness. After an extended discussion with counsel, the trial court gave the jury a slightly modified pattern Allen charge. Just hours later, the verdicts had been reached. Texas fate was now sealed. Texas fate was now sealed. felony murder, we find the defendant guilty of felony murder. On count three, aggravated assault, we find the defendant guilty. On count four, possession of a firearm during the commission of a felony, we find the defendant guilty. On count five, influencing a witness, we find the defendant. Thank you, Juror 20. You can take a seat. Deputy Murphy, if you would please, what a verdict.

The verdict was shocking and unexpected by many in the community. We begin with breaking news from the Tex McIver murder trial. After four days of deliberations, the jury has convicted him of felony murder and the shooting death of his wife Diane along with... Escorted away in handcuffs, Atlanta attorney Tex MacGyver is heading back to jail. This afternoon a jury found him guilty on all but one count in the murder of his wife Diane. The jurors were allowed to sit in the back seat of the vehicle and even tested the gun

while there, which proved to have a profound impact on the case. As the jurors got to climb inside that SUV with the gun used to kill Diane MacGyver, and one by one they reenacted that crime scene, the jurors who talked to us say Tex MacGyver's story just didn't make sense. We was able to take the firearm to the vehicle and we was able to test it out ourselves and we was able to come up with you, you, you shot your wife in the back.

But, even more importantly, it would lead to a series of wild twists that will put Tex in a position to inherit Diane's fortune. Music Next time on Deadly Fortune... I was stunned that he was convicted. Diane would have been really, really, really upset. That might not have been a big red flag to other people, but for me, it was not just

a red, it was a huge blinking red light. It gives me goosebumps right now. Never any doubt in my mind that it was an accident. And that's why I but still become Texas friend Because I believe in him. She's the best Partner I could have possibly imagined and I will always always love her. I Can't remember a day. I didn't cry for the first two years. I was at the prison Don't want to wait for that next episode?

You don't have to! Unlock all episodes of Deadly Fortune ad-free right now by subscribing to the Binge Podcast channel. Search for The Binge on Apple Podcasts and hit subscribe at the top of the page. Not on Apple? Head to GetTheBinge.com to get access wherever you listen. Deadly Fortune is a production of Sony Music Entertainment and Waveland Road. I'm your host and reporter Dale Cardwell. Jason Hoak wrote and produced the series.

Our associate producer is Marni Zambri. Production support provided by Tim Millard. Audio engineering by Shane Freeman. The original score for Deadly Fortune is by Thomas Avery. Jason Hoak is the executive producer on behalf of Waveland Road. Executive producers for Sony Music Entertainment are Jonathan Hirsch and Katherine St. Louis. If you love the show, tell your friends and don't forget to leave a review. Thanks for listening.