Deadly Fortune | 6. Unspun
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They never hear you say you're sorry for what you did. To me, that silence speaks volumes.
Biting words from the judge to an Atlanta attorney convicted in his wife's murder, Tex McIver is sentenced to life in prison with the chance for parole.
I was stunned that he was convicted. Yeah, I thought It was a pretty reasonable chance of involuntary manslaughter. I'm sure you've seen the TV, you know, the jury comes out, you know, malice murder, not guilty. And I'm like, that's right. You know, we expected that. Guilty of felony murder. I'm like, what? What? I was shocked by that. I was shocked by that. You know, it was days and days and days of jury deliberation. And the last thing that happened that day was they said, to be guilty of, I'll abbreviate it a little bit, to be guilty of felony murder, does that include intent to shoot? And to us, that question meant, we don't find the intent to shoot. So we were thinking, we're about to get an acquittal on that too.
Because the judge said, oh yeah, if you're going to find him guilty of that, you've got to find the intended to shoot. Why would they have asked that question? So we were even more emboldened at that point not to ask for a mistrial, hung jury.
The jury returned its verdicts, finding McIver not guilty of malice murder, the first count that was read in the courtroom to everyone, including Tex. For that brief moment, it was possible Tex was going to be found innocent and become a free man again. But the jury surprised everyone by returning a guilty verdict of felony murder, aggravated assault, influencing a witness, and possession of a firearm in the commission of a felony. The verdict form provided blanks for each count of the indictment, and the jury was instructed that under count one, murder, and count two, felony murder, it had the option for finding of guilty of involuntary manslaughter as a lesser included offense, and both counts contained such a blank. The jury did not mark either of those blanks. This would become important once the proceedings wrapped.
Don Samuel reflected on the case during a visit to my office in late summer of 2024.
I think they put together a good set of circumstantial evidence, which they hoped and succeeded at convincing the jury that you shouldn't just find pure accident. They succeeded at that. And I don't have a problem with the jury reaching a verdict of negligence. I'm not a big Second Amendment fan, to put it mildly. I think someone who has a loaded gun sitting in his lap needs to have his head examined. And conceivably with the trigger pullback, although it's in a bag, I mean, do you just discount all that? It's in a public grocery bag. Is that the way you intentionally shoot someone? Leave the gun in the bag? It was just so much nonsense.
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