Atlanta Man Denied Bond in Retrial for Wife's Shooting Death

Tex McIver awaits second trial after Georgia Supreme Court overturned his murder conviction.

Apr. 2, 2026 at 8:55pm

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An extreme close-up photograph of a single bullet casing against a pitch-black background, the metallic surface reflecting a stark, dramatic lighting that creates a gritty, investigative aesthetic without any words or symbols.A single bullet casing, the only physical evidence remaining from a fatal shooting that has captivated Atlanta, reflects the harsh glare of an investigative camera flash.Atlanta Today

A judge has denied bond for Tex McIver, a well-connected Atlanta man, as he awaits a retrial in the 2016 killing of his wife Diane. McIver was previously convicted of felony murder and sentenced to life in prison, but the Georgia Supreme Court overturned the conviction earlier this year, ruling the jury should have been able to consider a lesser charge of involuntary manslaughter. Prosecutors plan to retry McIver on charges including felony murder.

Why it matters

The case has drawn significant attention in Atlanta due to the McIvers' wealth and connections. Prosecutors alleged Tex McIver killed his wife to access her money, while the defense argued it was a tragic accident. The Supreme Court's decision to overturn the murder conviction and order a new trial has reignited debate over the details and motivations behind Diane McIver's death.

The details

In September 2016, Tex McIver, 79, was riding in the backseat of the couple's SUV as it returned from their horse farm. With traffic heavy, the driver, a close friend of Diane McIver, exited the interstate in downtown Atlanta. Shortly after, Tex McIver fired a gun, striking his 64-year-old wife Diane in the back. She later died at a hospital. Tex McIver was convicted in 2018 of felony murder and other charges, but the Georgia Supreme Court reversed the murder conviction in 2022, ruling the jury should have been able to consider a lesser involuntary manslaughter charge.

  • On September 25, 2016, Diane McIver was fatally shot while riding in an SUV with her husband Tex and a friend.
  • In 2018, Tex McIver was convicted of felony murder and other charges related to his wife's death.
  • In June 2022, the Georgia Supreme Court overturned McIver's murder conviction, ordering a new trial.
  • In July 2022, prosecutors announced plans to retry McIver on charges including felony murder.
  • On January 26, 2024, Tex McIver pleaded guilty to involuntary manslaughter and was sentenced to 8 years in prison.

The players

Tex McIver

A 79-year-old Atlanta man previously convicted of felony murder in the 2016 shooting death of his wife Diane, but whose conviction was overturned by the Georgia Supreme Court, leading to a new trial.

Diane McIver

Tex McIver's 64-year-old wife who was fatally shot while riding in an SUV with her husband and a friend in 2016.

Dani Jo Carter

A close friend of Diane McIver who was driving the SUV when Tex McIver fatally shot his wife in 2016.

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What they’re saying

“He's now serving time for nothing he's been convicted of.”

— Don Samuel, Defense Attorney

“He's 80 years old. After being convicted of murder he's less likely to return to court because he has less to lose.”

— Adam Abbate, Prosecutor

What’s next

Prosecutors plan to retry Tex McIver on charges including felony murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony.

The takeaway

This case has drawn intense scrutiny in Atlanta due to the wealth and connections of the McIver family. The Georgia Supreme Court's decision to overturn the murder conviction and order a new trial has reignited debate over the details and motivations behind Diane McIver's tragic death, with the outcome of the retrial likely to have significant implications.