thrilled. we got married on her birthday, so that would have made her ecstatic.

♪ hello and welcome to "dateline". diane mciver was an atlanta businesswoman who enjoyed an extravagant lifestyle with her husband tex, then in a flash it

was gone. a strange car ride through a dodgy neighborhood left one person dead and another struggling to explain how it happened. it was a mystery riddled with wealth, privilege and power, but for investigators it boiled down to one crucial question. was this an accident or murder. here is josh marching onkiewicz "deadly detour." >> all they wanted was to get home, turning off the interstate to escape the crawling atlanta traffic. >> he says, girls, this is the wrong place, we don't need to be here, this is a bad idea. >> it is still hard to fathom what happened next or why. >> i was trying to figure out where the explosion was. >> but here is what is pretty clear. one wrong turn really can destroy your life. >> to think that one moment in time you have an accident and

you lose everything after that. >> our story begins and ends with her, diane mciver. nobody knows her better than dani jo carter. >> she was beautiful, she was funny, she was brilliant. >> and shes driven. >> very driven. >> she was born in auburn, alabama, where she survived a sad and difficult childhood. she realized her dreams in atlanta, a place that matched her ambition. >> what was she looking for? >> she was looking for success. >> diane was barely out of high school when she wouldn't to work for u.s. enterprise goes, a company in atlanta. she was a bookkeeper but soon caught the eye of her employer. >> there were people working there that weren't doing their jobs and she told him she could do her job and their job. >> and what hanned? >> i think he fired them and she did their job. >> it was back in the '80s when dani jo and diane first teamed up.

best friends and confidantes. dani jo was a cosmetologist with a front row seat to her brilliant career. >> she loved crunching numbers and along with billie corey i think she learned how to wheel and deal. >> she rose through the ranks and with her boss's blessing became president of the company, hiring, firing and calling the shots. >> she would say, i don't want to hear about the labor pains, just show me the baby. >> jay grover was a vice president at diane's company. >> when she started in business here in atlanta, there were not a ton of female executives. >> no, absolutely. and i think that was what one of the things that really set diane apart. she was a woman in a man's world. >> she had a big personality. loved clothes, furs, hats and kids, although she never had any of her own. she survived one bad marriage and was in her 50s when she met tex mciver. he was self-made, too, a

military brat from san antonio who earned a rep in atlanta as a labor lawyer and a champion of republican candidates. >> he had great relationships, he had everybody's direct-dial mobile numb. >> bill crane is a public relations consultant in atlanta and a friend of tex. >> he was described as a gentleman. >> he was a gentleman, standing when a lady enters the room. >> tex was divorced too. that's how he ended up living in the same condo complex as diane. >> they started going out. she said she enjoyed talking to him, but he was too short and he was too old. obviously she got over that. >> it didn't hurt he had a ranch east of atlanta. it was nice enough back when tex first bought it, but it was fabulous after diane got through with it. it had a pool, a gun range, ponds, horses, a saloon, and

some texas longhorn cattle. that's diane. they were there a lot. >> diane was a great hostess. she was the life of the party. >> soon tex and diane decided to make it permanent and a wedding date was set, november 5th, 2005, at the ranch. everyone at the rehearsal could tell this wedding would be over the top. and it was. >> it looked like something out of a disney movie. >> sheriff howard sills was on the guest list. >> there were hundreds of people here, people all aspects of society here. >> they had both been married before and decided this time to keep finances separate. nearly a year later, their lives were blessed with a little boy. sort of. a couple of friends asked tex and diane to be godparents to their baby, named austin.

diane's assistant, terry brown, says diane would do anything for that little boy. >> he was their sun for her. he was the moon, and the star, the whole thing. >> that was never more obvious than at the birthday bashes she and tex threw for austin, an annual exercise in excess. >> we love you very much, don't we, darling. >> yes, forever. and ever. >> bye-bye. >> bye. love you. >> three weeks after austin's tenth birthday tex and diane with their friend dani jo were headed home after a weekend at the ranch. they were driving a king ranch ford expedition, virtually identical to this one. they made a shortstop for dinner. it was september 25th, 2016, the day everything changed. after dinner they headed for home, a trip of about 45 minutes. tex and diane had had a little wine at dinner so dani jo drove.

diane sat next to dani joe here in the front seat and tex was right behind diane in the back seat, and off they went. >> well, we headed on in to atlanta on i-20, and as we got off of 20 to get on to the connector, it was just eight lanes of brake lights. >> dani jo says tex was dosing in the back seat as the two women decided to get off the interstate to avoid the traffic. >> as we're riding down the ramp tex becomes fully awake, i guess, and he looks around and he says, girls, i really wish you hadn't done this. this is a bad idea, this is a bad area. >> that's when tex mciver made a request of his wife. >> and tex said, darling, will you hand me my gun. >> tex regularly kept a gun in that car? >> uh-huh. >> it was right in the center console, a smith & wesson .38

caliber revolver. >> and so she reaches down and gets it and hands it back to him. >> in the plastic bag? >> uh-huh. >> in minute they were out of the sketchy area and moving up piedmont avenue to the cushier parts of midtown. everything was normal, unremarkable. >> we were talking about politics and the debates. >> what is tex doing? >> he wasn't really talking. i had kind of -- i thought he had gone back to sleep. >> they were at piedmont and 14th street. >> so we were just sitting there, still waiting for the light to turn, and i hear a big explosion. within seconds diane turned around toward the back and said, tex, what did you do. >> did he say anything? >> he said the gun discharged. then she started moving. she started moving forward and she kind of turned around and she was moving funny and she said, tex, you shot me. >> what happened in that suv?

a stunned diane is rushed to the hospital. coming up -- >> tex was calling her name and she was kind of breathing panicy. >> he said, there's been an accident. >> tex faces questions from police. >> handling the gun, i didn't not realize it was in my lap. the love of my life. >> when "dateline" continues. f . >> when "dateline" continues hydrates better than the #1 retinol. visibly smoother brighter skin in 24 hours. new olay retinol24. wheyou want relief... fast. only thermacare ultra pain relieving cream has 4 active ingredients to fight pain 4 different ways. get powerful relief today, with thermacare.

when you take align, you have the support of a probiotic and the gastroenterologists who developed it. align naturally helps to soothe your occasional digestive upsets, 24/7. so, where you go, the pro goes. go with align, the pros in digestive health.

♪

dani jo carter's best friend diane had just been shot right at piedmont and shh14th in midt, atlanta. what was crazy, impossible to understand was that the shooter was diane's own husband tex, sitting right behind diane in their suv. >> she started making these noises that i had never -- i had never heard before, and i -- i thought i was hearing her die. >> a street sign pointed the way to emory university hospital. tex told dani jo to head there. >> tex was calling her name, and he leaned forward and kind of grabbed her head and she was kind of breathing panicky. >> they arrived at emory. that's tex in the red shirt. hospital personnel heard him yelling gunshot, and diane went into the er. less than an hour later a doctor came out to tell tex and dani jo that diane was alert.

>> and she said that diane had spoken and that her heart was strong. they had taken her up to surgery. >> by then police had arrived. they wanted to talk to dani jo outside. >> they wanted to drive the route. >> oh, they drove the route with you right then? >> yes. >> then they took her to headquarters for questioning. she told police what happened in the car. >> he woke up, and i guess he had it -- had it in his hand, and he just pulled the trigger. >> as she sat there, dani jo was still thinking diane was going to be okay, but then -- >> they had gotten a call and they -- they both left the room. i was sitting alone and then i get this text from my husband. no. no. >> that diane had died.

>> it turned out the gunshot wound through diane's back was catastrophic. the blood loss, too great. >> and i was devastated. i couldn't believe it. >> diane mciver, so much larger than life in so many ways, was suddenly gone. >> tex called me in the early hours of the morning and he said, there's been an accident and we've lost diane. >> dixie martin, tex's sister. >> how long until you realized the accident involved something he had done? >> later in the conversation, and he was very emotional on the phone. i mean we were both crying. >> what was it like to break that news to people at the office? >> it was -- it was heartbreaking. >> diane's company put her picture up on their landmark

tower in atlanta. all the while, police were trying to figure out what exactly had happened in that car that night. three days after the shooting, tex and his attorney steve maples went to answer their questions. maples offered a preview. >> his only recollection is he had the -- the brown paper bag -- i mean, plastic bag and he's holding it down like this. and he said he didn't play with the hammer and he didn't pull it back to full coke. >> this is tex's attorney saying the gun wasn't cocked. you'll want to remember that part. tex himself entered shortly after and went over the whole story, explaining why he was so scared on that drive he felt he needed his gun. >> we went through an area i thought that was particularly dangerous at night. i had seen police vehicles there. it's -- it's a route i take from my office to her office. that's one that has a particularly high population of

homeless people. >> okay. >> and -- and i quickly said, this is a big mistake and we're in a place that we don't belong in. >> that, tex said, is when he asked for the gun. a few minutes later the threat seemed to pass and tex said he fell back asleep. >> anyway, i just -- just time to wake up and -- but she came to a stop, and i was handling the gun. did not realize it was in my lap. >> right. >> and it went off. >> he seemed emotional as he recalled how doctors told him his wife was dead. >> two surgeons in scrubs and a chaplain come around the corner and start walking towards me. i actually looked behind me, hoping it was somebody else. i'm sorry. >> no, take your time. >> the love of my life. >> if tex mciver had done nothing after that, if he had kept his mouth shut, if he had

just grieved we probably wouldn't be telling you this story. but doing nothing? that's just not tex mciver. coming up -- a media firestorm, and tex provides the match. >> tex's comment -- >> gets blown up into, he ace making this up to get out of the fact that he shot his wife. >> could this have been more than an accident. >> there were no tears, there was no -- i never saw him cry. >> when "dateline" continues. tis save it slimeball. i've upgraded to mucinex. we still have 12 hours to australia. mucinex lasts 12 hours, so i'm good. now move- kim nooooooo! only mucinex has a patented tablet that lasts 3x longer, for 12 hours. oh, come on. flo: don't worry. you're covered. (dramatic music) and you're saving money, because you bundled home and auto. sarah, get in the house. we're all here for you. all: all day, all night.

(dramatic music) great job speaking calmly and clearly everyone. that's how you put a customer at ease. hey, did anyone else hear weird voices while they were in the corn? no. no. me either. whispering voice: jamie. what? when you take align, you have the support of a probiotic and the gastroenterologists who developed it. align naturally helps to soothe your occasional digestive upsets, 24/7. so, where you go, the pro goes. go with align, the pros in digestive health.

listening and observing for scientists at 3m. one of the products i helped develop was a softer, more secure diaper closure. as a mom, i knew it had to work. there were babies involved... and they weren't saying much. i envisioned what it's like for babies

to have diapers around them. that's what we do at 3m, we listen to people, even those who don't have a voice. at the end of the day, we are people helping people. when you take align, you have the support of a probiotic and the gastroenterologists who developed it. align naturally helps to soothe your occasional digestive upsets, 24/7. so, where you go, the pro goes. go with align, the pros in digestive health.

♪ the death of diane mciver at the hand of her husband stex wa big news in atlanta. >> new at 5:00, an atlanta lawyer who says he accidentally shot and killed his wife. >> and with two wealthy, prominent people involved in a shooting, rumors were on everyone's lips. that's when bill crane, a public relations consultant, offered to help his old friend tex. >> social media was reporting a lot of wild rumors. >> yes, they were, particularly on facebook. >> for example? >> that mr. mciver was having an affair with the driver. >> and you weren't, there's nothing to that? >> no. >> you think there's a chance he was having an affair with someone else? >> i never thought so. >> tex had given his at the same time to police but online rumors continued.

there were more substantive questions like why would the gun just go off. according to bill crane, tex said it happened after the car jolted. >> it was part of tex's initial account to me, he was jarred away by a bump in the road. >> and why would tex feel threatened by a homeless encampment he had driven past many times before. >> and i asked him that. >> bill said tex was thinking of the recent black lives matter protests in atlanta and how protests in other places had gotten violent. >> so tex said to me, i didn't know looking at those people, were they homeless people, were they going to carjack us or were they black lives matters protesters, but i was concerned. >> tex apparently thought that would help explain to the public why he asked for the gun, so he told bill to give that story to the "atlanta journal constitution." it didn't exactly work as planned. >> tex's comment that he didn't know whether the people around

the car were homeless people or some kind of street criminal or a black lives protest -- >> gets blown up into "bonfire of the vanities," larger than life and he is making it up to get out of the fact he shot his life. >> and it morphed into black lives matter. >> that's correct, which he never said and i never said that he said. >> the story with its racial overtones went viral. while tex was fighting to repair his public image, diane were questioning after her death. >> there were no tears. i never saw him cry. >> ken ricker is the company's general counsellor. >> i never heard him say it was an accident, i'm so sorry. >> tex look crushed, sad? >> i didn't detect any of that. he was -- he was just kind of matter of fact. >> diane's colleagues also thought tex seemed way too interested in how his financial

situation would change now that diane was dead. >> and he asked a very strange question about did i know anything about social security, could he get any of diane's benefits. and i was shocked. >> tex's sister dixie says she was flabbergasted that anyone thought tex wasn't behaving appropriately. she says he was clearly devastated by diane's death. >> he cried all the time. i don't know why no one else has seen this. tears running down his face. he has never been the same since. imagine losing your loved one at your own hand, and that's what he had to face. >> in perhaps another effort to counteract the rumors and innuendo, tex decided on his own to take a lie detector test, administered by an examiner his attorneys hired. >> i think it is important to note that he passed with flying colors. >> diane, love you and we're going to miss you. >> but a month after her death

tex walked into the lion's deny at the company memorial service for diane. dixie attended with tex and it was an evening she came to regret. >> we walked in through a little gang plank-looking thing, and to the left is her jaguar with a light on it and a red rose on the hood. and i'm thinking, okay. >> they pass do i an's car and entered a large room. >> and there's a mannequin with diane's clothes on it. >> with god son austin at his side, did tex even notice the under current in the room? dixie sure did. >> and as i'm walking around, i noticed that my brother's not in any of the photographs, not on the video. he's been basically erased from her life. >> no way that could be accidental? >> oh, gosh, no. >> they removed him? >> yes. that was the turning point for me. i realized that they had turned

on him. >> it was a not-so-subtle shift in attitude away from a man who was once considered diane mciver's loving partner and protector. maybe he noticed, maybe not, but his next move would get people talking even more. coming up -- luxury for sale. >> there were over 100 jewelry items. >> auctioning off diane's estate, another mistake in. >> hey, this doesn't -- that doesn't look good. i mean if you don't have to do this right now, don't do it. >> and that frantic drive. >> wait a minute, he's telling you to slow down? >> yes. >> when "dateline" continues. >> when "dateline" continues that trap odors and release them back into the room. so, try febreze fabric refresher febreze finds odors trapped in fabrics (bubbles popping) and cleans them away as it dries. use febreze every time you tidy up to keep your whole house smelling fresh air clean.

fabric refresher even works for clothes you want to wear another day. make febreze part of your clean routine for whole home freshness. ♪la la la la la. i can'twhat? ve it. that our new house is haunted by casper the friendly ghost? hey jill! hey kurt! movies? i'll get snacks! no, i can't believe how easy it was to save hundreds of dollars on our car insurance with geico. i got snacks! ohhh, i got popcorn, i got caramel corn, i got kettle corn. am i chewing too loud? believe it! geico could save you fifteen percent or more on car insurance. skip to the good part with alka-seltzer plus. now with 25% more concentrated power. nothing works faster for powerful cold relief. oh, what a relief it is! so fast!

♪ ♪ no matter how you stay fit keep it light with light & fit's rainbow of delightful, protein-packed flavors. ♪ ♪ your business can do a lot in 10 minutes. like make a big sale. surprise and delight a customer. or come up with the winning idea. and 10 minutes is all you need to finally give your business the internet technology it really needs. we'll prove it. give us 10 minutes. if we can't offer you faster speed or better savings than your current internet service, we'll give you 300 dollars for your time. call now to get your comcast business 10 minute advantage

and take your business beyond. comcast business. beyond fast. i spent two years alone and homeless. announcer: as america's veterans face challenges, dav is there. man #1: my victory was finding the support to get back on my feet. announcer: dav helps veterans of every generation get the benefits they've earned. man #2: i'm a veteran. when i got out, i felt like nowhere was safe. announcer: so veterans can reach victories great and small. man #2: my victory was finding the help i needed. announcer: support more victories for veterans. go to dav.org ♪ hello. i'm dara brown. here is what is happening. democratic presidential candidate bet owe o'rourke has announced he is dropping out of the race. citing financial strain, o'rourke said he made the decision, quote, reluctantly.

supporters are urging him to run for the texas senate seat in 2020. a blaze is erupting in california minutes before the company restored power to thousands of customers. sporadic wind gusts are continuing to spread fires, forcing massive evacuations. that's what is happening. now back to "dateline". ♪ welcome back to "dateline". i'm natalie morales. tex mciver told police he shot and killed his wife diane by accident. he even took a lie detector test to support his story, but the wealthy widower's behavior in the weeks after diane's death was raising eyebrows. did tex want his wife did? it was a question that would haunt diane's friends and lead investigators to a potential motive for murder. once again, here is josh mankiewicz with "deadly detour." >> with police investigating, rumors flying and even old

friends becoming suspicious, tex mciver seemed to be doubling down. about two-and-a-half mont after diane was killed, tex put her furs, clothes and jewelry up for sale. even though his friend sheriff sills told him, bad idea. >> i said, tex, this doesn't -- that doesn't look good. i mean if you don't have to do this right now, don't do it. >> but he did. >> never met a mannequin she didn't like? >> that's right. >> auction house owner robert ailers ran the sale and even he was wimpressed. >> how many pieces total. >> there were over 100 jewelry items, not costume, but real jewelry and one of the big lots were a pair of diamond studs that were several carats each. >> i heard people were lined up deep for the jewelry. >> before the sale started there were probably 150 to 200 people

in line to get into the building. >> so the notoriety helped. >> the notoriety definitely affected the sale, yeah. >> did you tell him that unloading all of diane's stuff so soon after she died would be seen by some people as sort of callous? >> no, and i don't think it was callous. >> and more than that, tex's sister dixie says, it was necessary. diane was wealthy by any standard, but her estate was cash poor. selling her belongings raised money for diane's bequests. >> she left money to people that she didn't have. so the estate attorney said the quickest way to raise the cash is sell her things. >> so the idea to sell everything, that came from the attorney, not from tex? >> oh, absolutely. >> between the estate sale, the memorial service and those nonstop rumors, it would have been easy to forget that the police were still quietly investigating diane's death. on december 21st, 2016, they made their move. tex mciver was arrested and

charged with involuntary manslaughter and reckless conduct. those were, to be sure, serious charges, but they also made clear police believed tex didn't mean to kill diane. tex had dodged a murder charge, but his sister said tex didn't seem to get that. >> he just kept saying, but it was an accident. i said, but someone died. i don't know what he thought. who knows what was going through his mind at that point? >> tex mciver was released on bond, and while he seemed clueless about why he was charged with anything, diane's friends and colleagues wondered if he had been charged with enough. >> i was angry. it is like i didn't care -- i didn't -- i didn't care what i was angry, i didn't care what happened to him. >> in the months since diane's death, dani jo had become suspicious about tex's behavior during that final, fatal drive. so we asked her to take us along the route they drove that night.

this is the underpass where tex says he first began to worry about the homeless people in the area. dani jo says there was no danger. >> nothing that would have kept you from driving away, going on your way? >> no. >> just a few minutes later we came to where they made that fateful stop in midtown, atlanta. and it was, says dani jo, just a stop. >> we were sitting at a red light. >> no bump? >> no bump. >> you know the rest. diane was shot and dani jo took off for the hospital. she says she was frantic, but tex, she says, was calm. >> as a matter of fact, at some point a little bit farther up he told me to slow down and be careful, that there might be people out here with -- walking with baby carriages. >> wait a minute. his wife is wounded in the front seat here by his hand, and he's telling you to slow down? >> yes. >> at the hospital diane was already in surgery when police

showed up, and that, according to dani jo, is when tex said the weirdest thing. >> he looked past me and he said, i don't trust these guys. i hate to see you get wrapped up in this, dani jo. i've seen how these things can go down. and he said, you just need to tell them that you're down here as a friend of the family. >> wait a minute. you're here as a friend of the family and not as the person who was driving the car when the shooting happened? >> right. and so i leaned down again. well, i said, tex, i just drove you in to the emergency room. looks at me and he goes, well, they don't know that. i thought, what do you mean they don't know that? >> dani jo shared her misgivings with diane's co-workers. they were now convinced atlanta police hadn't dug deeply enough. jay grover was skeptical of tex's claim that the gun had just gone off. >> this does not make sense.

logically it just doesn't make sense. what are you saying? something wasn't right. >> it turns out fulton county prosecutor clint rucker was thinking the same thing. >> there was no malfunction with the gun at the time it was discharged. it was in perfect operating condition. it had 12 pounds of pressure needed to pull the trigger. >> meaning it is not easy to do. >> it is not easy to do. it became very clear to me this had to be an intentional act. >> diane's colleagues gave the da her computer and files, hoping rucker might find more evidence. >> and that is when the evolution of the motive then developed. >> rucker's investigators found documents suggesting tex was in financial trouble. what is more, diane's colleagues revealed she had been working on a new will. rucker wanted to find that will so he got a search warrant for the ranch and condo. no will turned up but something else did, a glock in tex's condo. that was a violation of his

bond, so tex went back to jail. the next day rucker filed new charges and the tex mciver cases catted fr escalated from careless accident to malice murder. it was according to tex's sister, dixie, proo pos truss. >> if you're going to kill your wife, is that how you would choose to do it? it makes no sense. >> who commits a murder with a witness sitting right there. >> exactly. an accident. >> dixie believes her brother's story, but will a jury. tex mciver goes on trial and secrets spill out. >> coming up, devoted husband -- >> they were very close, very affectionate. >> or desperate spouse. >> she would tell him in no uncertain terms, you're going to have to get your money situation together. >> diane could take control of the ranch by foreclosing on it if the defendant did not pay. >> when "dateline" continues. ons

verizon up gave us tickets to the super bowl! we were able to meet shawn mendes. verizon got me into the nfl combine. they don't even sell tickets to this thing. (announcer) verizon knows you love live music and sports. we got to be this far away from the stage. (announcer) that's why we give you access to more jaw-dropping experiences, including nfl games and events. i have never had a vip experience before like that. probably the best moment of my life. (announcer) switch now and you'll get access to thousands of tickets on us and get up to $750 toward our best phones. because the network more people rely on gives you more. seeing what people left behind in the attic.

well, saving on homeowners insurance with geico's help was pretty fun too. ahhhh, it's a tiny dancer. they left a ton of stuff up here. welp, enjoy your house. nope. no thank you. geico could help you save on homeowners and renters insurance.

geito earn j.d. powersave chevdependability awards... across cars... trucks... and suvs. four years in a row. since more than 32,000 real people... just like me. and me. and me. took the survey that decided these awards. it was only right that you hear the good news from real people... like us. i'm daniel. i'm casey. i'm julio. only chevy has earned j.d. power dependability awards across cars, trucks and suvs. four years in a row.

♪ the tex mciver case had it all, race, privilege, tragedy, and rich people doing dumb things. once the trial started in march of 2018, atlanta couldn't get enough. >> now, this is the case about maintaining an image of wealth and power that the defendant created for himself and the lengths that he went through to keep it. >> in her opening statement, then assistant da selena griffin

said the motive was money. the state's theory, diane mciver was carrying her husband financially. right before their wedding tex gifted diane half the ranch. later she loaned him $350,000 for which he put up the other half of the ranch as collateral. >> that diane could take control of the ranch by foreclosing on it if the defendant did not pay. >> with tex near retirement, prosecutor clint ruckers said he was no longer earning the big salary he needed to pay all of the ranch expenses. >> her star was continuing to rise while his was continuing to fall, and she would tell him in no uncertain terms, you're going to have to get your money situation together. >> the state's financial expert testified diane's death made tex a richer man. >> so the day before her death, $1.7 million, mr. mciver's net

worth. the day after death, $5.9 or $6 million to $6.9 million. >> what is more, claimed the prosecutor, diane had quietly made a new will. receptionist rachel styles remembers making copies of a certain document around late 2014. >> i went back and handed 'em to her and she says, thank you so much, this is my new will. >> according to the prosecution, in the supposed new will diane wanted to leave the ranch to austin, tex did not, and that created a rift between them. a more concrete piece of evidence was the .38 that killed diane. prosecutors showed the jury the police interview with tex. >> i was handling the gun. uh, did not realize it was in my lap. >> right. >> and it went off. >> a gun expert from the georgia bureau of investigation told the jury how the gun worked. >> if i sit down with it and

hold it down here in my lap, will it just go off? >> no. >> if i handle it like this in any way, will it just go off? >> no. >> their god child -- >> it took the prosecution 66 witnesses and 16 days to make its case. the defense team had a shorter, simpler case, but they also had their hands full with a client who hadn't always acted in his own best interest. >> mr. mciver was just hell bent on defending himself at times. >> was one of your advice to him to stop quiet. >> absolutely. >> like i won't represent you if you don't stop opening your mouth? >> much more than that. physical consequences. >> three of the best lawyers in ory georgia were adept at using prosecution witnesses to bolster their defense. for example, they got the

state's forensic's expert to agree in some circumstances the shooting could have indeed been unintentional. >> and, again, this weapon as well as any other weapons can be unintentionally discharged, correct? >> it can be, yes. >> tex's attorneys pointed out how prosecution witnesses testified tex and diane were happy together and planning to stay that way. >> as far as i can tell you, it was a very good marriage. >> they were very close, very affectionate. >> it was quite obvious they were very much in love. >> in fact, it was a prosecution witness who knocked down the argument that diane was going to call in that big loan and foreclose on the ranch. her colleague, ken ricker, testified that while diane could have done that she probably wouldn't have. >> i'm not sure that that would have ever happened. diane would have avoided that, i believe, at all costs to try to

keep the marriage together. >> as for the allegation of a second will, that was easy. >> it doesn't exist, that's why it was never produced. >> the receptionist testified she never actually saw the will, and prosecutor clint rucker admitted he never did find it, and he tried. >> you never produced the second will? >> never produced the second will. >> an er doctor called by the prosecution gave the defense one of the most intriguing bits of testimony. she said diane told her the shooting was an accident. >> and in the end it was clear she was saying he had the gun, correct? >> yes. >> in her coherent state she said it was an accident? >> yes. >> but the bottom line for the defense was that the murder scenario itself was absurd. >> we're going to drive back to atlanta to our condo in buck head, and on the way i'm going to shoot my wife through the back of the seat with her best friend sitting there. what, are you kidding me?

come on. >> finally, the defense offered a medical reason why tex might have fired the gun when he didn't mean to. for years tex had been treated for a sleep disorder which caused him to jerk in his sleep. it is called confusional arousal. >> is that normal? >> the defense called the sleep specialist who had been treating tex for a decade. >> he did have a previous study that was done at mayo clinic jacksonville in 2004 which did specifically comment about his moving his arms and legs in a sort of large amplitude movements while he was dreaming in the sleep lab. >> confusional described a lot of things in this case, but if jurors were hoping closing arguments would offer some clarity, they were about to find muddy water. coming up -- >> when he killed diane it is like hitting the lottery. >> he is going to vilify tex

mciver, we're going to muddy him up, that's their mission. >> accident or murder? a defendant under the gun and a jury all over it. >> we got to hold the gun. >> the gun, and feel the force. >> what would the verdict be? when "dateline" continues. sy. who's got the time to chase around down dirt, dust and hair? so now, i use heavy duty swiffer sweeper and dusters. for hard-to-reach places, duster makes it easy to clean. it captures dust in one swipe. ha! gotcha! and sweeper heavy duty cloths lock away twice as much dirt and dust. it gets stuff deep in the grooves other tools can miss. y'know what? my place... is a lot cleaner now. stop cleaning. start swiffering.

happy veterans day. happy veterans day. happy veterans day. happy veterans day. student veterans of america champions those who have served and also prepares them for their next chapter in life. please take a moment this this veterans day to remember service members, who put their education and careers on-hold to give back to all of us. we thank you. feliz día de servicio. happy veterans day. happy veterans day. please visit studentveterans.org the prosecutor faced the jury for the fime final time with a mason jar of mud.

>> i'm going to make you a promise. by the time i get through with my argument, take my seat, this jar is going to be clear. and it's going to be clear just like each and every one of your minds will be clear about the guilt of this defendant. >> he drove home the prosecution's main argument one last time. >> it is like hitting the lottery. >> and that accidental shooting? >> he intended to do it. having financial problems. arguing. listen, black lives matter is not about race. it's about the justification for having the gun in the backseat. >> at the end of the closing, despite his promise, the d.a.'s jar of mud was far from clear. not a good sign. that muddy water, said defense attorney don samuel symbolized the state's murky theory.

>> we are going to vilify tex mciver, we're going to muddy him up. >> the counsel bruce harvey says the state's own evidence proved there is no financial motive to kill diane. >> tex was not broke nor was ne dire financial straits. the state's calculation puts tex's net worth at $1.7 million before diane died. >> after 21 days of trial the jury took over the fate of tex mciver and after three days of deliberation it became clear that not many jurors were convinced by the prosecution's case, especially when it came to motive. >> the jury foreman told us it all boiled down to one thing. the gun. >> we got to hold the gun. the gun. and feel the force. >> i did the same thing. with a similar gun and the help of firearms expert jay jarvis. >> so the hardest thing is make

cocking the gun, it requires a lot of effort. once it is cocked is somewhat easy. firing it uncocked require morse effort. >> about six times the effort. >> the obvious question, was tex's gun cocked or not? >> if it was, then it could fairly easily been done on accident. >> the jury again asked to see the video from the texas police interview. steve mabl, texas attorney answered the question. >> he didn't play with the hammer. >> the only evidence they could find that the gun would not cock, came from tex's own attorney. even that didn't do it. after five days of deliberation, jurors sent a message to the judge. >> we don't see a path to

overcome our differences on the verdict. >> the judge refused to accept a deadlock, and sent them back to deliberate. four hours later a verdict had been reached. diane's colleague, including jay grover, filled the prosecution's side of the room. the case that had riveted atlanta was coming to an end. >> on count one, murder, we find the defendant not guilty. >> not guilty of deliberately murdering diane. but wait. on the felony charge of shooting the gun at diane. we find the defendant guilty. >> possession of a firearm in the course of a felony. >> guilty. >> trying to influence the witness dan ji jo carter. >> guilty. >> and in lay terms, the verdict meant tex didn't mean to kill diane, but he did mean to shoot her. >> when you hear the first guilty count -- >> it was like we got him.

we got him. >> tex's lawyers were mystified. >> i think it is a mistaken verdict. and it is the result of the compromise. and i think it is just plain wrong. >> tex's sister dixie is still stunned. to think that one moment in time, you lose your wife, you lose your friends, you lose your money, you lose your house, you lose your career, you lose your dignity, and you lose your freedom and your future. >> only once did tex mciver speak in court. in a rambling statement before sentencing, tex declared how much he missed his god son austin. the food at chick-fil-a. and then finally, his wife diane. >> if i might just say, because i know she's here, i feel her

presence as i'm speaking to you, diane you have brought me more joy and fulfillment that few men on this earth have ever had. thank you and until we are together again. >> tex mciver is now serving a life sentence, his attorneys have filed a motion for a new trial, but at 76 years old, freedom for tex is a long shot. and danny jo is okay with that. she misses her friend diane every day. >> i dream about her a lot. i miss her. >> for months after the verdict, the home at mciver ranch stood vacant, extravagant parties and celebrations just memories. diane's wedding dress hung there in the closet. alongside a shrine of sorts tex made in her honor. remnants of a marriage many thought was as good as it gets. but as tex settled into prison,

the auctioneers sold it all. for the highest bidder. >> that's all for this edition of "dateline," i'm natalie morales. thank you for watching. good morning, everyone. i'm dara brown in new york at msnbc world headquarter, 6:00 in the east, 3:00 out west, here's what happens happening. big headlines in the impeachment probe. among them a key player told to keep quiet. the time line for public hearings, plus a likely article of impeachment, we're unpacking all of them. >> the word impeachment to me, it's a dirty word, not a good word, totally phony deal. yesterday's vote by the radical democrats is an attack on democracy itself. >> the president trying out a new message on impeachment.