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1/21/2019
Judge Chides Tex McIver’s Lack of Apology in Imposing Life Sentence for Murder | Daily Report
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Judge Chides Tex McIver’s Lack of Apolog in Imposing Life entence for Murder Georgia law dictated McIver’ life entence, forecloing an dicretion Fulton Count uperior Court Chief Judge Roert Mcurne, except on the quetion of whether McIver could e eligile for parole. By R. Robin McDonald | May 23, 2018
Digraced Atlanta attorne Claud “Tex” McIver wa given a parolale life entence Wedneda for the 2016 murder of hi wife, Diane, enuring that—aent a ucceful appeal—the 75-ear-old former Fiher & Phillip partner will likel die in prion for a crime he’ alwa inited wa an accident. Georgia law dictated McIver’ life entence, forecloing an dicretion Fulton Count uperior Court Chief Judge Roert Mcurne, except on the quetion of whether McIver could e eligile for parole. Mcurne agreed with the recommendation of Aitant Ditrict Attorne Clint Rucker that McIver erve a parolale life entence rather than life without parole. Claud “Tex” McIver is escorted out of the Fulton County courtroom after being sentenced Wednesday to life in prison with the possibility of parole. (Pool photo: Alyssa Pointer/AJC)
For McIver, the ditinction likel make little di erence. In Georgia, felon entenced to life mut erve 30 ear efore the are eligile for parole. McIver could not e conidered until he turned 105. ut, after litening to McIver make an extended tatement to the
court, during which McIver talked aout letter of upport from tranger who watched hi murder trial on televiion, aout hi love for hi wife and hi elief that he remained a preence in hi life, Mcurne aid there wa a “telling” omiion from McIver’ colloqu. McIver had plent of time to compoe a tatement “aout what ou thought wa mot important for me to hear. … I never heard ou a ou are orr for what ou did. To me that ilence peak volume,” Mcurne aid. A Fulton Count jur convicted McIver on April 23 of felon murder, ut acquitted him of malice murder in what McIver’ lawer and other memer of the tate’ criminal defene ar randed a inconitent. Inconitent verdict are permiile in Georgia. The jur alo convicted McIver of aggravated aault with a deadl weapon, poeion of a rearm during the commiion of a felon and in uencing a witne. The in uencing a witne charge temmed from what proecutor argued were McIver’ e ort to peruade the ole witne to the hooting to not talk with police. In iuing it verdict, the jur rejected an option to nd McIver guilt of involuntar manlaughter a a reult of reckle conduct. The jur alo rejected a nding that the hooting wa accidental. McIver wa alo entenced to ve ear for poeing a rearm during the commiion of a felon and for in uencing a witne. oth entence were upended. McIver, who elected not to tetif during hi murder trial, addreed the court for the rt time Wedneda. He egan aking for permiion to it “given the hackle” he wa wearing over hi lue jail jumpuit.
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1/21/2019
Judge Chides Tex McIver’s Lack of Apology in Imposing Life Sentence for Murder | Daily Report
McIver aid he’ received “a tremendou amount of mail” while in jail that challenged America’ criminal jutice tem, “and aking wh I am not a champion to ome challenge to that tem.” “The outpouring of upport ha een eond anthing that an of u expected,” he aid. He enumerated correpondence “from individual on three continent, including an Irih woman who wrote him to a, “The injutice done to ou i hocking.” Another woman, he aid, “end me recipe,” adding it wa likel “more punihing” than he realized, given the orr qualit of jail food. McIver aid he alo ha truck up a correpondence with an Autralian jocke whoe girlfriend wa killed. “A lot of people have een through thee lie,” McIver aid. “That eem to e the outpouring I have een nding.” The convicted lawer thanked neighor who rought him meal while he wa under houe arret, friend who delivered Chick- l-A andwiche, and lawer and nonlawer alike who o ered to write amicu rief for hi appeal. McIver alo poke of hi grandchildren, who ent him drawing and torie in which he wa the ke character. He aid he wa the “proud godfather of approximatel 23 children,” one of whom i Autin chwall, on of Fulton Count uperior Court Judge Craig chwall. McIver aid the o wa “a permanent part” of hi relationhip with hi wife efore he killed her, recalling that the held him hortl after hi irth. He then lited the child’ accomplihment, oating that he i a traight-A tudent and an All-tar in aketall and aeall a “the onl lefthanded pitcher” on the team. “He i a huge fan of the Golden tate Warrior,” McIver aid, “and, if anthing I had to a, ‘Go Warrior!” McIver alo thanked hi iter, Dixie Martin, who attended the trial, calling her “ lled with unfettered love.” “he i America’ lat living aint,” he aid. McIver cloed aing that he wanted to thank hi wife, “M Diane.” He aid he had found ome decription of Diane during trial to e “painful,” perhap referring to decription that he could e cautic and had a “harp tongue.” A preident of a compan, he aid, “You need to e rm. You need to e di cult ometime. You need to e hardened. That wan’t m Diane. The luckiet da of m life i when Diane choe me. In doing o, we tarted a relationhip that could onl e decried a amazing. We loved each other like mall children, unaahed and devoted.” McIver aid the “felt o trongl” aout each other and were o connected, it wa virtuall telepathic. The could look at each other and often a imultaneoul, “I thi trul real?” “If it’ not real, don’t pinch me ecaue it i the greatet dream I have ever had, and I don’t want to wake up. … We jut couldn’t elieve it wa that good.” “he wa like a little girl growing up in Alaama with a new pink dre looking to how it o and pleae people,” he added. “That wa m Diane. … And, I, of coure, will mi her o.” McIver then talked aout the “correction” hi wife occaionall adminitered or what he aid he referred to a “adjutment.” “From time to time, he ecame frutrated with me,” he aid, adding, “I elieve gu are jut dum when it come to maintaining qualit relationhip.” Hi wife’ correction, he aid, “were alwa delivered with love. … For that reaon, I alwa accepted them with love. … I would receive correction and go forward. That wa the nature of our devotion to each other.” McIver aid that ince “the traged”—a reference to fatall hooting hi wife a the couple were driven home from their farm outheat of Atlanta a friend—he ha pent 263 night in jail. ut he aid he wa not alone. “he ha joined me there a a preence,” he aid. “he ha never aid goode to me. It i a if he i on the other ide of a curtain. … I have never felt alone in that repect.” “On thi arth, he wa m life and made me complete,” McIver continued. “If I jut might a to her directl. I know he i here. Darlin’, ou have rought me more jo and ful llment than few men on thi arth have ever known. Thank ou, and, until we are together again, it i trul real. It i trul real. Thank ou.”
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Judge Chides Tex McIver’s Lack of Apology in Imposing Life Sentence for Murder | Daily Report
Mcurne wa unmoved. “Armchair jurit” who watched the trial remotel ma have uggeted that McIver’ conviction wa a micarriage of jutice, the judge aid. ut the jur at and litened through week of tetimon. “What the jur aid in the end wa that it wa not an accident,” Mcurne aid. “The jur concluded that ou, Mr. McIver, intentionall pulled the trigger with that rearm, not with the intent to kill our wife. … ut that ou intentionall pulled the trigger. And the delivered a verdict that upported that contention.” Mcurne added that he wa truck what McIver thought wa mot important for him to hear efore handing down a entence. “I heard aout racehore in Autralia. I heard aout Chick- l-A … and telepath and ghot,” Mcurne aid. “I never did hear ou a ou are orr for what ou did.”
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