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The Tex McIver Case: Malice Murder | Ep. 3

The Tex McIver Case: Malice Murder | Ep. 3

Released Monday, 5th September 2022
 1 person rated this episode
The Tex McIver Case: Malice Murder | Ep. 3

The Tex McIver Case: Malice Murder | Ep. 3

The Tex McIver Case: Malice Murder | Ep. 3

The Tex McIver Case: Malice Murder | Ep. 3

Monday, 5th September 2022
 1 person rated this episode
Rate Episode

Episode Transcript

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0:10

the fall of two thousand and sixteen danny geo quarter

0:12

of the macgyver close friend who was driving

0:14

the a susie the night diane was killed

0:16

speaks publicly for the first time

0:19

i'm cooperate in the sand and

0:21

and what they ,

0:23

me to days days ,

0:27

i'm just not really comfortable talking

0:29

about any more of any more

0:33

a total a pot to

0:35

may soon photos of the inside

0:37

of the macgyver says you v or made public

0:40

clearly showing the bullet hole in the sea

0:42

or diane macgyver has been sitting here

0:44

is a view of the front seat where diane macgyver

0:47

was riding it shows where the bullet came

0:49

through the seat and shot her in the best

0:52

you can see where the bullet entered the seat best

0:54

sex macgyver is still a free

0:56

man he's not been charged with

0:59

any crime related to the shooting death

1:01

of his wife also heard from texas guy

1:03

was attorney today save maple says he does

1:05

not expect tax macgyver to be charged

1:07

with any criminal offense is as

1:09

the shooting was an accident that did not involve

1:12

any intentional act or criminal

1:14

negligence but before the end of the

1:16

year old that changes

1:19

i'm caitlin ross this old that

1:21

detects macgyver

1:30

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1:32

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1:50

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1:55

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1:58

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2:01

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2:03

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2:06

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2:08

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2:10

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2:12

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2:14

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2:16

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2:19

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2:21

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2:23

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2:25

safe learn more about the work ahead at facebook

2:28

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2:32

in early december a few months

2:34

after his voice x macgyver

2:36

announces plans to sell dance

2:39

collection of clothing shoes

2:41

and jewelry it's described

2:43

at the time as time as is

2:45

there's dream closet and utterly for

2:47

tax as the estate sale

2:49

is to raise money for several

2:51

of the bequeath months and diane's

2:54

will according to the website the sale

2:56

includes many designer wardrobe pieces such

2:58

as prada and barbary

3:00

the to sale and diane's belongings isn't

3:02

the only news that months the

3:05

probably atlanta attorney that shot

3:07

and killed his wife he has he my part has

3:09

been charged macgyver is

3:11

charged with reckless conduct an involuntary

3:14

manslaughter involuntary the shooting death of his wife diane

3:17

despite a polygraph exam despite

3:19

friends in high places and

3:21

is processed love for diane despite

3:24

efforts the thing has claimed that

3:27

night on the streets of atlanta it's

3:29

not enough for text to remain a free

3:31

man bladder attorney texas

3:33

however is in the foothills how to

3:35

they'll turn themselves in an earlier than the church

3:37

macgyver was able to make special arrangements

3:39

to turn himself in using the

3:41

back entrance of the jails

3:44

that back entrance is normally for official

3:46

business only by police in sheriff's

3:48

deputies but that's so macgyver

3:50

could avoid letting the public to see him

3:52

turn himself in at the front entrance

3:54

at the main entrance and by eight nineteen

3:57

he was inside and booked for

3:59

now

3:59

there's no murder charge but

4:02

the involuntary manslaughter charge is

4:04

a celanese with a maximum in

4:06

for ten years behind bars and

4:09

the reckless conduct charge a misdemeanor

4:12

the lesser charge accuses him of handling

4:14

a gun in a careless and reckless

4:16

manner in a way that would endanger

4:19

the life of diane macgyver the

4:21

tommy at the time stephen maples speak

4:23

to the media following news of the arrest

4:26

does not totally

4:28

has a tremendously at odds with our

4:31

what , saying was so severe are horrible

4:33

acts of us and that's what i think that's effects

4:35

were so in this case of this is just simply

4:38

of horrible accident

4:39

on december twenty first more than

4:42

three months after diane's does

4:44

tax macgyver spends his first

4:46

night in jail the next

4:48

day on his seventy fourth birthday

4:51

makes his first appearance before a judge

4:53

probably a when attorneys expecting courts

4:56

is not working is a criminal descendants

4:58

x macgyver turn itself and yesterday

5:00

and the a shooting death of his wife

5:02

that happened back in such a fulton county judge

5:04

grants tax a to

5:06

hundred thousand dollar bond at the hearing later

5:08

that morning eleven alive reporter

5:10

richards is there shackled in

5:12

handcuffs and clad and fulton county

5:14

jail blue sex macgyver was

5:17

a mute participant to the formal reading

5:19

of the charges against them his mood is ashley

5:21

is pretty good

5:24

i mean he's then distraught

5:27

is not a strong enough a word system horrible

5:30

it's been horrible for him and

5:33

his his the best to canada deal out

5:35

the court room a lawyer for the prosecution

5:37

has asked about the case about texas

5:40

claim that it was an accident

5:42

you have any doubt that he did it accidentally

5:45

was happy to statement speak

5:47

for themselves and

5:49

i just know that the guns

5:52

don't just go off

5:54

in addition to wearing an ankle monitor and surrendering

5:56

his past lord he's order to avoid

5:59

contact with the employees were diane

6:01

worked and to avoid contact

6:03

with the key eyewitness in the case

6:05

danny joe court

6:06

the

6:08

the next day after just over forty

6:10

hours inside the fulton county jail

6:13

wearing a suit and a freshly not a tie

6:15

texts macgyver emerges from the fulton

6:17

county jail with his attorney by his

6:20

side effects doesn't say much

6:22

as his attorney does the talk

6:23

this is a couple that have a wonderful

6:26

relationship several

6:28

, of our should should

6:31

known search desire is

6:33

a is a loving relationship there was never

6:36

was source words that was never was cool

6:38

were there was never have there

6:40

was in anger

6:42

they love each other is his second

6:44

marriage for both that has emerged

6:46

later in life they will move towards a tad

6:49

han hade really genuinely luggage

6:51

and you're not going to find a want to censor

6:54

him a , relationship

6:57

and is just an accident is an horrible

6:59

accident

7:00

the what it is this an actual

7:03

flesh remember us as we

7:05

took a polygraph from the very best

7:07

holographic available mr mishra

7:09

careful from gainesville animator

7:12

, that polygraph available to everybody

7:14

in the news media media mr

7:16

ratcliffe available a jewish com

7:19

is relative he was still talk

7:21

to you consider an interview and

7:25

in discuss a result so his level

7:27

of confidence enough homeless

7:29

macgyver would you wanna just

7:32

thought briefly justify adams or

7:34

souls verify with said

7:36

about was just

7:39

thank you very much

7:46

fixed macgyver the holidays

7:48

that year a free man but without

7:50

his wife diane at his side and

7:53

with the prospect of a court case looming

7:55

in his future in

7:58

early january twenty seventeen

7:59

in response to public skepticism

8:02

and close scrutiny from the media macgyver

8:05

hires a high profile people

8:06

relations expert

8:08

dickerson is known for clients like

8:10

delta airlines eighty and seats

8:12

and ironically atlanta as greedy hands

8:15

oh the hospital text

8:16

on the way to emulate the night diane

8:19

was shot like the polygraph

8:21

exam it appears to be another move

8:23

to control the narrative to convince

8:25

the media in the public that

8:28

text shouldn't be facing charges

8:30

for what was in their words

8:32

a terrible accident the

8:34

public auction of diane's collection

8:36

a few days later doesn't do much

8:38

to help texas image and it's

8:40

not without controversy there's

8:43

a lot of interest in this option here

8:45

and there are fourteen hundred items up

8:47

for sale everything from floor

8:49

length first to forty thousand

8:51

dollar diamond earrings their

8:53

affect the bring in as much as two and a half million

8:56

dollars and we gotta behind the scenes tour

8:58

of the auction today which includes more

9:00

than twenty first you

9:02

can take your pick from a waist length chinchilla

9:05

to a full and make of course the jewelry

9:07

one of the biggest highlights and draws

9:10

texas friends jane and and reward

9:12

recall talking to tax around the time

9:14

of that public auction

9:16

i seem , remember

9:19

astor diane says some

9:21

time after after

9:23

that was something reported on

9:26

the local news channel and in

9:28

infants and about a bloke a

9:31

about the fact that diane's

9:33

belongings was sold off by

9:36

tech but that

9:38

was what was in the world to be done wasn't

9:40

it yeah it sat with sex in his

9:42

house

9:44

he was also put on a male

9:47

and we we spent time

9:49

at his house just talking about

9:51

her constantly the

9:54

said tax why they all getting angry

9:56

you so quickly selling alert closes

9:59

of andrew that seems

9:59

well i have

10:02

no choice but nobody's saying that they're

10:04

making it out that i'm trying

10:06

to sell all her clothes to

10:08

make money and i don't wanna

10:10

make money or what my durham back they're

10:13

making it out as if i'm the same this

10:15

person for doing that and

10:19

it was following

10:20

the will a what was required to do

10:22

so each person should get so much

10:24

money and this person should get this

10:27

and then i feel obligated

10:29

to honor that

10:30

defense attorney and legal expert darryl

10:32

cohen questions the decision

10:35

but doesn't see it as anything that would make

10:37

or break macgyver case

10:39

show i thought that that was foolish

10:42

on his part but it didn't bother me

10:44

my why does there is

10:46

no reason to keep her belongings let's get

10:48

rid of them for that a wonder if i

10:51

don't want them around me i don't want to continue

10:53

to remember how she was i mean i think

10:55

again that narrative could have been

10:57

trade a bit he can't

10:59

change the fact that he did it about it was way

11:02

too soon when he did that

11:05

didn't tell me he murdered or that he didn't

11:07

murder ever that is told media doesn't have

11:09

the best judgment the world

11:10

if there's any question about where the

11:12

money will go macgyver says

11:14

it will all go to people diane left

11:17

the money to in her will in

11:19

nunavut

11:19

go towards his legal bills that

11:22

, stop the fulton county district attorney

11:24

from filing an emergency motion to stop

11:26

the auction but a judge

11:29

denied the motion and the option

11:31

takes place or

11:39

i'm for a real estate reality check

11:41

for me a century twenty one affiliated

11:43

agent closing isn't always champagne

11:46

and celebration buyers can back out

11:48

and contracts and fall through at the last moment

11:50

that's why you work with us the century

11:52

twenty one brand is the most respected in

11:54

the industry with that the schools and

11:56

the know how to help you make a sale were celebrating

11:59

tonight

11:59

century twenty one move

12:02

loosely his offices individually owned and operated

12:05

centers when one is a registered trademark own i

12:07

century twenty one realists they tell else

12:17

in april twenty seventeen emergency

12:20

motion

12:21

mild to revoke texas bond

12:23

after a search warrant turned up a firearm

12:26

in

12:26

them diverse condo

12:28

one of the conditions of macgyver two hundred

12:30

thousand dollar bop was that he had no

12:32

guns or knives but when

12:35

investigators search macgyver pando

12:37

a week ago they found a glock

12:39

handgun he was worried about

12:42

all the threats and things that were in

12:44

the paper being gaston

12:47

i think he left a little daunting assault

12:50

any sides all attacks as

12:52

you might need this you should have this

12:54

they lie to did a search you beside him and found

12:57

it on all of a sudden texted

12:59

been out to find a gun and got a gun

13:01

and here he is another man with another gone

13:03

gone it was probably another

13:05

very stupid mistake made

13:07

along the way that should never have happened

13:10

it was found in the closet for

13:12

the defendant mr macgyver a where

13:15

where he keeps his personal clothing

13:17

items for handgun was contained

13:19

within a block

13:22

mark

13:26

what a box macgyver

13:29

, attorney told me that

13:31

he doesn't know how how

13:34

glock got into the glock box

13:36

under the socks and the sock

13:38

drawer the judge in the case as we said

13:41

could send out checks macgyver back to jail

13:43

or because of the finding of the gone

13:46

in the drawer of socks that macgyver

13:49

condo in atlanta and you talk about

13:51

pure stupidity or i'm not

13:53

going to do what you tell me to do i'm the do

13:55

it my way was dumb

13:57

around this time cammy johnson is

13:59

in charge of day

14:07

never saw the gun into recently

14:10

there was no guns on the premises that i

14:12

knew about five years be the case takes

14:14

to and issues will turn investigators

14:16

found the gun on friday but they didn't take

14:19

johnson said she called macgyver lawyer

14:21

who she says told her to take

14:24

the gun to the next door neighbor prosecutors

14:26

were noticeably irritated one

14:28

just didn't go omen why didn't you

14:30

take it first

14:32

why did you put me in that position

14:34

wouldn't it

14:36

i don't know i don't know what to do with guns this

14:38

is not this is out of my world

14:39

so we as the defense who's gun

14:41

was it they say will all actually come

14:43

out i during the course of the investigations

14:46

the loss of find out how we got to be in

14:49

texas divers sock drawer the

14:51

judge will decide next week if he'll be putting

14:53

text macgyver back in jail criminal

14:55

defense attorney lawrence

14:56

zimmerman speaks to eleven allies just whole

14:58

injure about the gun is

14:59

you a like if he had

15:02

lots of firearms have for you for the firearms

15:04

in his home and he did everything foods and

15:06

he's i get rid of mine he by mistake to make a show

15:08

we mistakenly left something in a song for

15:10

adam been in a while and i can give him and

15:12

out the problem is because his saw

15:15

his sock drawer and presumably be going

15:17

to for few months and there's a gun there we that's that's

15:19

a problem for you i can tell you i'm not a george

15:21

amount of attorney but this as way too

15:23

many moving parts to it's according

15:25

to the more is i read it now tell me if

15:27

i'm wrong or right about this if you have a weapon

15:30

in your place of residence bell and

15:32

you're out on bond there's no ifs ands

15:34

or buts about it kept his word front of

15:36

raise the saxons watching a video before

15:38

that is she did not know are some be placed

15:41

in a source of somebody put it there and he didn't know

15:43

about his have knowledge so is a cancer

15:45

your knowledge about it for somewhere else

15:47

has access to the house to that drawers and

15:49

that gives him and else

15:50

in emergency hearing begins on friday

15:53

april the twenty first and dragged

15:55

into the following week

15:56

during the hearing witnesses reveal the gun

15:59

was owned

15:59

hex his brother but how it ended

16:02

up in the sock drawer is still a mystery

16:05

the hearing last three days and

16:07

is contentious at times cool

16:10

was very clearly say no guns mr

16:12

macgyver new this and everyone else around

16:14

him do this he is guilty

16:17

of violating the court

16:19

order knowingly willingly

16:22

and intentionally

16:23

texas defense attorneys argue that

16:26

their client didn't own glocks

16:28

and that his wife diane preferred that

16:30

weapon the night he didn't know

16:32

how the glock nine millimeter ended up in the

16:34

south

16:34

the or says december twenty second two thousand

16:36

and sixteen is done everything he supposed to do

16:39

mr macgyver there's not

16:41

a threat to the public he was seventy four year

16:43

old man that mr mugabe

16:45

responses were genuine they

16:47

were heartfelt they was shot and

16:49

he was scared to death

16:51

after that weapon was founded his body

16:53

would be violated

16:56

the end of the hearing of fulton county judge

16:58

sides with the prosecution

17:00

macgyver bond is revoked

17:03

mr macgyver must have known

17:06

as , cause this is

17:08

of this accident or shocker

17:10

for shocker in

17:13

given how much tragedy how befallen

17:16

macgyver sounds his family

17:18

in this macgyver family and friends he

17:21

is remarkable

17:24

alarming still have

17:26

done that accessible

17:30

sister was as have violation

17:33

of his probation land tax

17:35

dot

17:35

behind bars for now

17:38

i'm going to revoke

17:41

mr mcgowan response what

17:44

i am amenable to reinstating the

17:46

what that means that mr macgyver

17:49

is going to go into custody today but

17:52

i'm going to share with both

17:54

sides conditions of a find

17:57

that i believe would address

18:00

the concern i have flowing

18:02

from the discovery of the macgyver

18:05

guns and the macgyver sites or in

18:07

them without a condominium

18:09

macgyver gun in the macgyver

18:11

sock drawer in the macgyver condominiums

18:14

isn't the only news surrounding the case

18:16

in late april of two

18:17

seventeen prosecutors

18:20

, that text macgyver removed

18:22

the executor of his wife's well those

18:24

documents even say that prosecutors guy

18:27

in macgyver has a secret well

18:29

that her husband is hiding which could prove

18:31

motive in er det there's no such as well

18:33

he's not gonna find the circuit well

18:36

there's no financial motive

18:38

there's no jealousy there's absolutely

18:40

no murray's prosecutors also

18:43

indicates that the charges against sex macgyver

18:45

might increase at some points

18:47

to his sword by the way the police department

18:50

would involuntary manslaughter that had as

18:52

we've known to do

18:53

the book get a the a those is gonna do

18:55

the next day that's exactly

18:58

what happened

18:58

i would have laid

19:00

my life savings on

19:03

they would never have been a morneau

19:06

against

19:22

by his version of events

19:24

baldwin county grand jury has just

19:26

died at the prominent atlanta attorney over

19:28

a malice murder charge and the death of his

19:30

wife diane explosive new allegations

19:33

coming from the fulton county district attorney's

19:35

office after an extensive and several

19:37

months long and best

19:42

we pulled the trigger on the night of september

19:44

twenty fifth of last year killing his

19:46

wife diane

19:47

one malice murder

19:49

that is

19:51

the most serious charge

19:53

and in georgia that's life without the possibility

19:55

for

19:56

that was murdered count to was felony

19:58

murder

19:59

which also

20:00

carries with a potential life sentence

20:02

the way

20:03

heard

20:05

it would be idea that this

20:07

person who's been known for so lot

20:10

like you do that very shocking to think that

20:12

he could have intentionally killed

20:14

his wife and once it started

20:16

being more details are coming out about

20:19

their relationship some of the dynamic summit

20:21

a became really intriguing

20:26

now is murder is not a charge

20:28

you hear about in others according

20:31

to georgia now was murders

20:33

committed when a homicide is done with

20:36

express or implied malice

20:39

and malice is that deliberate

20:41

intention unlawfully to take

20:43

the life of another human beings which

20:46

is manifested by external circumstances

20:48

capable

20:49

the of proof

20:51

legal actor and prosecutor latanya

20:53

heinz breaks it down further malice

20:55

murder would probably be closer to

20:57

what people think of it's like first degree murder where it

20:59

plague malice aforethought this

21:01

is something where you seriously plan

21:04

the decent a new you want it

21:06

to

21:09

you did a theories amount of planning to

21:11

ensure that this person died that

21:14

is now facing malice murder and

21:16

felony murder charges so any

21:18

murder isn't necessarily that you

21:20

plan for the person to die the

21:23

com and scheme that people think about is

21:25

like robbery rates are

21:27

you and a friend decided you're

21:29

gonna go rob the local convenience store

21:32

and then in then process

21:34

yeah a the

21:36

the store owners shot and killed and so

21:38

that is a felony murder

21:41

and then at the same time it could be when

21:43

you complete your issues with you get shot until

21:45

as part of it that's all anymore as

21:47

well so is it just makes it's

21:49

a very easy

21:51

contact

21:52

the jurors on times when they can understand

21:55

that cause using when you talk to your

21:57

to her the charge

22:00

oh any murder and then suddenly

22:02

found someone guilty a felony murder

22:04

in their mind was they understood

22:06

that if they found the person guilty

22:08

of the the sell any and

22:11

that the somebody died as a result

22:14

the felony that make felony murder

22:16

there are five more charges filed

22:18

that day aggravating assault with

22:21

a deadly weapon possession of a firearm

22:23

during a crime in three counts

22:25

of influencing witnesses

22:27

which was another significant part

22:29

of this case where text macgyver

22:31

is trying to allegedly take control

22:33

the situation and tell people the

22:35

lie or mislead investigators

22:39

in this case

22:41

the into the new indictment one of these

22:43

last charges involves an interaction

22:46

you've already heard about when

22:48

tax allegedly told the any job quarter

22:50

to tell the police she wasn't

22:52

in the us you read the night of the murder that

22:55

that's not all

22:57

robert blake dhoni reads the details

22:59

of the indictment includes specifically

23:02

laying out how tax allegedly

23:04

won about it

23:05

influencing danny joe and other

23:07

witnesses

23:08

you did unlawfully and knowingly

23:10

engage in misleading conduct

23:12

for patricia diane carter

23:15

and , allegedly did so by leaving

23:17

a voicemail statement with

23:19

patricia diane carter's husband

23:22

honestly carter

23:24

junior wherein ,

23:27

the defendant implied in this voice

23:29

mail statement that purchases

23:32

diane carter says communicating

23:34

her recollections of the the

23:37

, or the

23:39

death of land diane macgyver

23:42

the law macgyver officers because

23:44

these statements place the defendant is

23:47

imminent risk of immediate incarceration

23:51

and then requesting that thomas li carter

23:53

junior delete the

23:56

, and august was

23:58

allegedly gone with the intent to the

24:01

communication of information

24:03

relating to the commission of a criminal offense

24:05

to law enforcement prosecuting attorney

24:08

for judge

24:11

seven months after the death of diane

24:13

macgyver prosecutors in

24:15

texas defense attorneys begin preparing

24:18

for a murder trial to be this will

24:20

to do respected

24:23

attorney and then to be charged

24:25

with shooting and killing your own wife

24:28

and and right in front of one of her best

24:30

friends this was bizarre

24:32

next time on intense the

24:35

text macgyver case that ,

24:37

as device a sauna decision and a half

24:39

settling she said now now

24:41

i'm that really struck a chord with me because

24:43

i personally have i work in

24:46

that situation already betting that he has been so

24:48

formed an opinion

24:55

it a contradiction of most studios

24:58

and eleven alive

25:02

the runway for executive producers

25:04

with most studios read redmond

25:06

produces research

25:07

and added the podcast richard

25:09

hum that to com a media in silver spring

25:11

maryland mixes and edits the show

25:14

you can find me on facebook at on ross

25:16

eleven alive or on twitter at caitlin

25:18

runs one

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