Dani Jo Carter testifies during the sixth day of Tex McIver’s murder trial last week. HYOSUB SHIN / HSHIN@AJC.COM

‘Breakdown’ S05 Ep. 7: Dani Jo testifies

After more than two full days of testimony last week by Dani Jo Carter in the Tex McIver murder trial, the next episode of our “Breakdown” podcast will provide substantial audio of Carter’s testimony and in-depth analysis of what she had to say.

Carter and Diane McIver were best friends. Carter had been driving the SUV in which Diane McIver was shot, making her the only witness to the killing. And Carter provided riveting testimony about the shooting and its aftermath.

» Full coverage of the McIver murder trial

“She turned around,” Carter said of Diane McIver, who was sitting in the front passenger seat of the SUV. Tex McIver was in the back, holding his .38 revolver. “She swung around this way. She said, “Tex what did you do?’ … He said, ‘The gun discharged.’”

A few moments later, Mrs. McIver said, “Tex, you shot me,” Carter testified.

10/6/17 - Atlanta, GA - Prosecutor Clint Rucker questions a witness during the hearing. Tex McIver is back in court for pre-trial motions in advance of his trial on Oct 30. His lawyers will continue to try to quash what they say were illegal searches of his condo. BOB ANDRES /BANDRES@AJC.COM
Photo: The Atlanta Journal-Constitution

Prosecutor Clint Rucker asked, “Did he say anything?”

“No,” Carter replied.

The prosecution scored several of its main points with Carter’s testimony: yes, she said, Tex McIver had asked her to lie to police the night of Diane’s killing by saying she hadn’t been in the car. She was driving the car. And yes, Tex was an accomplished marksman and a fanatic about gun safety. That is, he knew his way around a firearm, which may’ve cast doubt on his claim that an accidental discharge killed his wife.

And no, Carter did not see anyone who appeared threatening outside their SUV in downtown Atlanta. This seems to challenge McIver’s account that he wanted his .38 because they’d driven into a bad neighborhood.

Carter testified: “Tex started saying, ‘Girls I wish you hadn’t gotten off here. This is a bad idea. This is a bad area. You should have just stayed on 85… . Darlin’, would you hand me my gun?’”

The defense also made some headway with its cross-examination of Carter. Yes, she said, she told police that night that she believed the shooting had been a horrible accident. And yes, the emergency room doctor at Emory University Hospital had told her that Diane, without prompting, said the shooting was accidental. And yes, the McIvers’ marriage was a unique example of sustained love and harmony.

Episode 7 of “Breakdown: The McIver Murder Case” drops early Monday. You can download it from Apple Podcasts, Stitcher or your favorite podcast platform. Or you can stream it directly from our website, right here, right now:

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