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
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: