Suvechha Sarkar
Diane Smith-Biddy McIver was driving back to her home in Atlanta, Georgia, with her loved ones, when she was shot dead inside the vehicle in September 2016. What was initially considered to be an accidental shooting soon raised difficult questions about what happened inside the vehicle that fateful night and why the 63-year-old lost her life. In NBC’s ‘Dateline: Deadly Detour,’ the spotlight falls on the testimonies and the evidence that led officials to the person responsible for her death. The episode also features interviews with her friend and officials closely connected to the case.
Diane McIver Was Returning From a Trip at the Ranch When She Was Shot
Diane Smith-Biddy McIver arrived as a blessing in the lives of Jack Fuller Biddy and Orlanda Lambert Duncan on July 21, 1953. She grew up in her Auburn, Alabama, home alongside her brother, Daniel Lee Biddy, with whom she shared a close bond. Their parents always taught them to be kind and loyal individuals. After completing her education, her passion for business led her to begin her career with Billy Corey at US Enterprises, Inc. around 1973. Through Diane’s dedication and innovative mindset, she helped Corey turn his vision into reality by expanding through profitable ventures, including real estate development, retail operations, and truckstop ownership.
Diane eventually helped the company with her expertise in airport advertising through the venture Corey Airport Services, where she served as President. There, she and her employees helped secure advertising contracts for nine US airports. She was also a fan of the Auburn University football program. Besides that, she was passionate about fitness and fashion and was also an avid hat collector. Around 2000, Diane crossed paths with Claud Lee McIver, AKA Tex, in Atlanta, Georgia. Their connection gradually bloomed, and they tied the knot in 2005. Together, they bought a Putnam County cattle ranch. On September 25, 2016, Tex, Diane, and her friend, Dani Jo Carter, were returning home after a weekend trip to the couple’s ranch.
Dani was driving the car, Diane was sitting in the front passenger seat, and Tex was in the back passenger seat. To avoid heavy traffic on I-20, the friend exited into downtown Atlanta. When they were at Piedmont Avenue and 14th Street, Diane was shot in the back. Dani and Tex quickly rushed her to Emory University Hospital, where the 63-year-old sadly passed away in the early hours of September 26. Upon inspection, officials discovered that she was shot with a .38-caliber revolver. They noted that the bullet passed through the passenger seat before striking her. The autopsy report revealed that she was shot in the left middle back. Her cause of death was determined to be a gunshot wound to the back, and the manner of death was ruled a homicide.
Investigators Examined Conflicting Accounts and the Couple’s Finances While Solving the Case
When authorities were informed about the shooting, they questioned Dani and Tex, who were present inside the car. According to official records, Dani informed the authorities that Tex was nodding off before they entered downtown Atlanta. In her statements, she revealed that upon noticing the location, he said that it was a bad area and asked Diane to hand him his gun from the car’s center console. Dani went on to say that when they stopped at a red light, she heard her friend get shot. Further records suggest that investigators later learned from Dani that Tex had asked her to tell officials that she wasn’t present in the car at the time of the shooting.
When officials questioned Tex, he claimed that he had accidentally shot Diane after he was startled awake when the vehicle had hit a speed bump immediately before. In his statements, he insisted he had forgotten the revolver was in his lap. As detectives continued investigating, they discovered that Tex and Diane kept their finances separate. Court records show he had taken out a loan of about $350,000 from one of his wife’s companies, which prosecutors alleged was because his funds were dwindling as he prepared to retire. If Tex defaulted on the loan, Diane would be able to foreclose on their ranch. Prosecutors also alleged that the couple disagreed over who would inherit the ranch, claiming that while Tex wanted to leave it to one of his sons, Diane wanted her godson to inherit it.
Investigators became more suspicious when, within a few months of her death, her husband auctioned off her expensive possessions, including her fur coat and hat collections. Following her death, Tex also became one of the beneficiaries and executor of her multimillion-dollar estate. On December 21, 2016, he was arrested and charged with one felony count of involuntary manslaughter and one misdemeanor count of reckless conduct. In August 2017, Tex was indicted on one count each of felony murder, malice murder, aggravated assault, possession of a firearm during the commission of a felony, and three counts of influencing a witness.
Claud “Tex” McIver is Out on Parole From a Georgia Prison Today
The jury trial of Tex commenced on March 5, 2018. During the trial, the prosecution argued that the defendant’s life was spinning out of control and that he had become dependent on Diane for money to maintain his lifestyle. They also presented several pieces of evidence of the couple’s finances. The prosecution emphasized that the shooting was not an accident. On the other hand, the defense claimed that Tex had a sleeping disorder, and when he was startled awake, the gun went off accidentally. They contended that as the executor of his wife’s estate, he didn’t directly control her money and had to auction off her belongings to pay off other expenses.
On April 23, 2018, Tex was acquitted of malice murder and two counts of influencing a witness. However, he was convicted of felony murder, possession of a firearm in the commission of a felony, aggravated assault, and the remaining count of influencing a witness. He was sentenced to life in prison for felony murder on May 23, 2018. Moreover, Tex received a 5-year concurrent term for influencing a witness. Another 5-year concurrent sentence for the firearm charge was suspended. The court also merged the count of aggravated assault with felony murder. Tex then appealed his conviction, and on June 30, 2022, the Supreme Court ruled that the trial judge made an error by failing to instruct the jury on involuntary manslaughter.
Hence, the court reversed his felony murder, aggravated assault, and firearm convictions but upheld the conviction for influencing a witness. His retrial began in December 2023, but the proceedings were put on hold indefinitely for evidentiary issues. On January 26, 2024, Tex pleaded guilty to involuntary manslaughter, reckless conduct as a reduced charge from aggravated assault, and possession of a firearm during the commission of a felony. He was sentenced to 8 years in prison, followed by 7 years of probation. The court ordered that he serve the first 5 years of probation under home confinement, and he received credit for the time he had already served. Tex was released on parole from the Augusta State Medical Prison in Augusta, Georgia, on January 9, 2025, and currently appears to be on probation.
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