• Sole witness to deadly shooting says Tex McIver 'needs to be in hell'

    By: Mark Winne

    Updated:

    ATLANTA - The only person to witness the shooting that killed Diane McIver sat down with Channel 2 Action News.

    Dani Jo Carter was driving the SUV in 2016 when Buckhead attorney Tex McIver shot his wife Diane McIver, who was sitting in the front passenger seat. 

    Tex McIver was later found guilty of murder and sentenced to life in prison.

    On Tuesday, Carter, who has known Diane McIver for decades, talked with Channel 2’s Mark Winne about the moment she learned Tex McIver would likely spend the rest of his life in jail. 


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    "I prayed. I prayed about this. I pray that God’s will be done, and, I’ve had to pray a lot for myself because it’s just been so, so difficult. The dark places I’ve been where I, where I, just didn’t want to be here anymore," Carter said.

    Carter said she at first believed Tex McIver's claim the shooting was an accident, but the more she learned, the more her opinion evolved.

    "I mean, he tried to get me to lie. He got charged with that," Carter said.

    By the end of the trial, Carter said she believed the verdict of guilty was accurate and said she wanted Tex McIver to go to prison for life.

    "He certainly doesn't need to be out. I think he needs to be in Hell," Carter said.

    Carter said the pain of losing her best friend has now been compounded since she has been named along with Tex McIver as co-defendants in a wrongful death lawsuit. 

    "I could finally see a light at the end of the tunnel after the sentencing, and when I found out about the lawsuit, I was just totally blindsided," Carter said.

    Added Lee Davis, Carter's attorney: "When I found out they were suing her alongside Tex McIver, it was a difficult phone call to have especially knowing what I know about civil law."

    Carter told Channel 2 Action News she did not do anything to contribute to Diane McIver's wrongful death.

    "Anybody that knows me and knows the two of us knows that I would never have done anything like that," Carter said. "I did not do anything wrong."

    Carter said she had shot guns with Tex McIver a lot, even though he said guns "were not his thing."

    "Oh, that's ridiculous," Carter said. "He could take a water bottle and throw it up and shoot it," Carter said.

    Tuesday, Tex McIver's attorney, Bruce Harvey, told Channel 2 Action News, "Feelings can change. The facts don't change, and the facts do not support that Tex McIver intentionally killed his wife."

    Weeks ago, a lawyer who told us she brought the wrongful death suit on behalf of Diane McIver's estate said Carter was driving the McIvers' SUV with their permission and was consequently covered by their insurance.

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