On Sept. 25, 2016, Atlanta attorney Tex McIver shot and killed his wife of 11 years, Diane McIver, while they were riding in a luxury SUV on a suburban Atlanta road. The shooting occurred as the couple was returning home after a day of golfing and an evening of drinking, with a friend driving the vehicle. Diane McIver died during surgery at Emory University Hospital.
Background
Tex and Diane McIver had been together for 16 years and married for 11. They were described by friends as a high-profile power couple in Atlanta's social scene, known for throwing extravagant parties at their weekend home known as 'The Ranch' in Putnam County. Diane, 47 at the time of her death, was a successful real estate and advertising executive who had moved to Atlanta's affluent Buckhead neighborhood after her divorce. Tex, a wealthy labor lawyer, was considerably older than his wife and had been through a difficult divorce before meeting Diane.
The couple kept their finances separate, with both having substantial assets. Before their wedding, Diane insisted on building a massive guest house on Tex's property, which she named 'The Saloon.' The couple had no children together but were godparents to friend Anne Schwall's youngest son, Austin, and poured considerable love into his upbringing.
On the night of Sept. 25, 2016, Tex and Diane were riding home in Tex's SUV with friend Dani Jo Carter driving. Diane was in the front passenger seat, and Tex was sitting directly behind her. According to Tex's statement to police, he had been asleep but woke up fearing they were in a dangerous neighborhood. He asked his wife to hand him the .38 caliber handgun he kept in the car's console. Minutes later, with the loaded gun now in his lap, Tex says he fell back asleep, and the weapon discharged.
The Investigation
Detectives from the Atlanta Police Department began investigating immediately. During interviews, Tex described the moment the gun went off, saying he felt fear and shock and immediately asked if everyone was okay. Dani Jo Carter told police Diane said she had been shot before passing out.
The investigation quickly focused on the weapon — a Smith and Wesson .38 caliber revolver. Experts consulted by '48 Hours' stated that such a weapon cannot fire accidentally; the trigger must be pulled. Gun expert Bert Davis explained that in single-action mode, it takes only about two pounds of pressure to fire, while double-action requires about 12 pounds — difficult but not impossible to fire accidentally.
The bullet traveled through the front passenger seat from right to left, striking Diane McIver in her left rib cage. The bullet severed a vein and artery in her spleen and damaged several organs, including her left kidney and stomach. She was pronounced dead at 12:49 a.m. on Sept. 26, 2016.
Before undergoing surgery, Diane McIver told medical staff that her husband did not mean to shoot her — a statement that would figure prominently in the case. However, prosecutors noted several troubling details: Tex had asked for a gun despite being in a vehicle with two women, kept his finger on the trigger, and chose to drive to Emory University Hospital — the farthest of four nearby facilities — rather than Grady Memorial Hospital, which had a superior trauma center.
In the days following the shooting, Tex's handling of the case drew severe criticism. Four days after the shooting, his spokesman released a statement saying Tex had asked for the gun because he believed they were surrounded by either homeless people, carjackers or Black Lives Matter protesters. The statement ignited controversy and was seen as racially insensitive in majority-Black Atlanta.
Key Takeaways
- Tex McIver was charged with murder in the shooting death of his wife Diane on Sept. 25, 2016
- The Georgia Supreme Court granted McIver a new trial in 2022, ruling jurors should have been able to consider misdemeanor involuntary manslaughter
- On Jan. 26, 2024, McIver pleaded guilty to involuntary manslaughter in exchange for an eight-year prison sentence
- With credit for time served, McIver was released from custody in January 2025
- Expert gun witnesses testified that a .38 caliber revolver cannot fire without pulling the trigger
- Diane McIver told medical staff before dying that her husband did not mean to shoot her
- Prosecutors noted McIver chose Emory Hospital over closer Grady, which has a superior trauma center
- The case drew national attention partly due to McIver's controversial statement about Black Lives Matter protesters
What's Next
Tex McIver has now completed his sentence and was released in January 2025. The case, which spanned nearly eight years from the shooting through his guilty plea and release, represents one of Atlanta's most high-profile criminal cases in recent memory. While the legal proceedings have concluded, questions about the circumstances of Diane McIver's death continue to linger in public memory.