ATLANTA - A lawyer and colleague of Diane McIver said Tex McIver had money on his mind when he went to the family's Buckhead condo.
Prosecutors charged McIver with murder in the death of his wife, Diane. He admits he shot her in September 2016, but maintains it was an accident.
Kenneth Rickert is General Counsel for US Enterprises, the company where Diane McIver was president. On the stand Tuesday, Rickert said he had a lot of respect for Diane. He called her a tough, astute and street-smart businesswoman.
"Diane was difficult, she was a tough taskmaster," Attorney Rickart remarked.
Attorney Rickert showed the jury promissory notes he drew up for Diane when she loaned her husband Tex McIver money. The first one was for $750,000 from March of 2005 and $350,000 from December of 2011. The latter loan was secured by the Putnam County ranch as collateral.
The $350,000 loan was to come due in 2014, but Diane asked Rickart to prepare a renewal promissory note worth a new due date of December 2017.
Mr. Rickert said he had talked to and met with Diane and Tex about changing their wills. Diane wanted to remove a former friend who she was no longer speaking to and set up an educational trust for their godson Austin Schwall.
Attorney Rickart told jurors he went over to the McIver house to pay his respects. He said he had a conversation with Rex where Rex asked if he could get Diane's social security benefit. Rickart said he was floored by the next comment.
"The firm is cutting back and I am only bringing home $10,000 to $12,000 a month, and it is costing me $20,000 a month to maintain the ranch. McIver went on to say that would be restructured by the end of the year," Attorney Rickart remarked.
Rickart also said Tex asked about getting Diane's 401K payout as well. The attorney said he felt so uncomfortable with the comment that he left.
The Executive Vice President of the Corey Company testified that Tex McIver did receive a check for Diane's 401K account. The witness estimated the amount to be $400,000, but the defense said the amount was more like $280,000.