ATLANTA - Testimony continues for the fourth day in the murder trial of prominent Atlanta attorney Tex McIver on Friday.
An Emory emergency room doctor took the stand on Friday saying Diane McIver said the shooting, which ultimately killed her, was an accident.
Thursday morning, jurors watched hospital surveillance video that the defense hopes will strengthen its case, showing the moments after McIver shot his wife, Diane.
The video showed McIver arriving at the hospital and urgently helping emergency personnel rush his wife inside. Prosecutors claimed he "walked casually."
“The guy jumped out of the car and was shouting gunshot wound to the back,” Emory hospital valet Paulos Weldegiorgis recalled. “He helped McIver and other emergency room personnel ushered Diane into the emergency room in a wheelchair.”
Thursday afternoon jurors heard from several Emory nurses who encountered the McIvers. Nurse Allison Neely was part of the team who worked desperately to save Diane’s life. Neely recalled the business woman asking a poignant question as her internal cavity filled up with blood.
“I am dying aren’t I?” the 64-year-old asked the doctors and nurses who worked on her.
Another nurse testified that When a doctor asked Diane what happened, she commented that her husband shot her but it was an accident.
The nurse made her own observations of Tex McIver as she said he huddled with friends in the waiting room.
“He was emotionless. He did not appear to be upset or distraught,” she commented as he talked with three people who were in the waiting room.
Jurors must decide if McIver murdered his wife Diane as a friend drove the two through Midtown following a weekend stay at the McIvers' ranch back in 2016. The 12 jurors are from all walks of life and include an educator and an employee at a construction supply company.
Wednesday, Diane McIver’s personal assistant Terry Brown was on the stand for several hours. Brown said he was the only person who had access to all of Diane’s finances and Tex had to come to him to get information on Diane’s accounts after her death. Brown got emotional as he talked about his former boss.
“She was a very, very strong personality. She was a controlling woman, not in a bad way. She was a dominant woman who worked in a man’s world,” Brown said.
Jurors also hear from U.S. Enterprises paralegal Elaine Williams who said Diane was distraught that Friday afternoon before she headed to the ranch with Tex and a friend.
Days later prosecutors said her husband shot and killed her as a friend drove them through Midtown Atlanta.
Opening statements began Tuesday morning, shortly after 9 a.m. The defense addressed allegations of bribes and what they said was hype from the media. Meanwhile, prosecutors said McIver intentionally killed his wife for money.
McIver told police his gun accidentally went off while he was sleeping and he tragically shot his wife in the back. As opening statements got underway, the prosecution said McIver was worth negative $5,000 when his wife died and was losing money. They believe he killed his wife to maintain an image of wealth and power.
Prosecutors also said Tuesday morning that McIver tried to bribe Fulton County District Attorney Paul Howard by telling PR Specialist Jeff Dickerson if he gets the case dismissed there would be a "big bonus" for Dickerson to split with the DA.
Prosecutors plan to build their case around a second will they said Mrs. McIver was working on which would not have been favorable to her husband. During a motions hearing Monday, prosecutors presented two witnesses who use to work for Mrs. McIver and said she had mentioned a new will.
"One day she asked me to make two copies of a document and told me I can't trust anyone but you," Rachel Styles, a former employee at US Enterprises, said on Monday.
When Ms. Styles said she handed the document back to Mrs. McIver she told her the document was her new will. The defense said there is no such document and said no one has been able to produce it.
The defense said McIver loved his wife and would never intentionally shoot her, arguing Mrs. McIver told her doctor at Emory University Hospital that the shooting was an accident.
Defense attorneys also said Mr. McIver would never shoot his wife in front of her best friend.