Fulton County’s chief prosecutor is investigating the finances of Claud “Tex” McIver and the wife he shot and killed, serving a half dozen subpoenas to companies that helped manage the couple’s money.
District Attorney Paul Howard did not comment on the subpoenas, which were served this month on a variety of professionals: the attorney who drafted Diane McIver’s tax returns; the companies that held her life and property insurance policies; the firm that the couple consulted about estate planning.
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Atlanta Police in December charged McIver with involuntary manslaughter and reckless conduct, which indicate they believe McIver did not pull the trigger intentionally. But the subpoenas issued by a Fulton County grand jury suggest that, months later, the DA is still investigating, going beyond the police findings and looking into a possible financial motive.
Tex McIver has said he shot his wife by accident and should not face criminal charges.
His attorney, Stephen Maples, told The Atlanta Journal-Constitution he believes the inquiries show that the DA is intent on charging McIver with murder, based on the theory that he killed his wife to gain her money.
“They have sort of made up their mind, but they don’t have any evidence to support it,” Maples said.
The grand jury is expected to act by the end of the month. It will determine how the case moves forward in the justice system, deciding on any charges.
McIver shot his wife in the back as the couple rode in their SUV near Piedmont Park on Sept. 25. He was in the back seat and she in the front. McIver has said he was dozing when he accidentally pulled the trigger on the .38-caliber revolver that was in a plastic bag in his lap.
Diane McIver, 64, was a successful business woman, rising through the ranks to become president of U.S. Enterprises, the umbrella company for Billy Corey's Atlanta-based business empire. Tex McIver was a prominent labor attorney with deep political connections in the state Republican Party.
Judging from a recent auction of her clothes and jewelry, Diane McIver was a woman of considerable means. The auction featured an abundance of fur coats and diamond jewelry, including a pair of earrings that were valued at $20,000 to $40,000.
The subpoenas were clearly aimed at establishing the couple’s wealth. They were served upon Humphries and Associates, which prepared Diane McIver’s tax returns for more than 20 years, according to Maples. Others who were served include Guardian Life Insurance, which held a life insurance policy for her, and Stresser and Associates, which prepared Tex McIver’s tax returns for several years.
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Harold Hudson, who the couple consulted about estate planning, was also subpoenaed. He testified before the grand jury earlier on Tuesday, Maples said.
The AJC obtained the legal notices identifying who were served with subpoenas, which were filed in Fulton County Superior Court. The AJC did not get copies of the subpoenas themselves. So it remains unclear exactly what was required from each party.
Others also testified before the grand jury Tuesday including Dani Jo Carter, a friend of Diane’s who was driving the 2013 Ford Explorer when the shooting occurred and Rachel Styles, a friend of Diane’s who planned her 2005 wedding to Tex McIver. Janie Calhoun, a neighbor of the couple’s in Buckhead, also testified, Maples said.
Credit: Hyosub Shin
Credit: Hyosub Shin
Maples said the DA’s office was going beyond the police investigation. For example, prosecutor Clint Rucker said the DA had had hired its own investigator out of Florida to review the forensic evidence on McIver’s vehicle, Maples said.
Maples also said the DA’s office was trying to establish that Diane McIver had drafted a separate will after her 2006 version. But Maples said no such extra will exists.
In Diane’s 2006 will, Tex McIver receives a considerable amount, including her interest in their ranch in Putnam County, her interests in DRS Investments, and her wedding ring. He is listed as executor. But Diane also gives her friend and driver, James Hugh and his wife, $200,000. Diane’s estate will also pay college costs for the Hughs’ two children.
Phyllis Gable, the couple’s housekeeper, was given $50,000.
Maples, the attorney for Tex McIver, asserted that Diane was not a rich woman.
“She spent a lot and she was very generous with people,” Maples said. “She didn’t hoard money.”
Earlier this year, the company Diane McIver had led said it planned to file a legal claim asserting the late businesswoman’s estate owes it nearly $1 million. Such a move by U.S. Enterprises could tie up her assets. Maples said attorneys on both sides have been negotiating a settlement.
“The attorneys seem to think a conclusion is in sight,” he said.
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