Talking Dateline: Deadly Detour

[00:02] Mazda has been named Consumer Reports' safest new car brand. It starts with our approach. Every Mazda comes standard with proactive safety features. So you're more aware of what's around you, more focused on the road ahead, and ready before problems ever start. [00:19] Mazda. More of what matters most to you. Go to mazdausa.com to learn more. Consumer Reports does not endorse or promote any product. [00:30] Insurance is not one size fits all. [00:33] That's why drivers have trusted progressives' "name your price" tool for years. [00:38] Just tell Progressive what you want to pay. [00:40] and they'll show you coverage options that fit your budget. [00:43] Visit Progressive.com to find a car insurance rate that works for you. [00:48] Progressive Casualty Insurance Company and Affiliates. Price and coverage match limited by state law. [00:59] Hi, everyone. I am Blaine Alexander, and today we are talking Dateline. I'm so happy to be joined by my good friend, Josh Mankiewicz. Hi, Josh. Hello. We are here to discuss your episode, Deadly Detour, and what an episode it was. [01:18] podcast feed and then come right on back here for this conversation. Later, we'll have an extra clip from Josh's interview with several jurors from this case. Then Josh will answer some of your social media questions about the episode. All right, Josh, my friend, let's talk Dateline.

[01:33] Just for our viewers who may not be as familiar, just kind of give us a quick rundown of what happened here. [01:39] Well, you know, Tex McIver was an attorney in Atlanta and a very big deal. [01:47] and had been for a long time. And he was married to Diane, who was also a very big deal in business in Atlanta. And so they were sort of this power couple. And they had this property way, way, way outside of town. And they had been there for the weekend and they were coming back. And they [02:10] And as they were getting off the freeway, [02:13] something happened. In Texas' version of what happened, [02:19] He thought he was driving into the middle of a... [02:24] Black Lives Matter protests. [02:27] Which... [02:28] He was not, but he did say that. He was not driving, and Diane was not driving. Driving was their friend, Danny Joe. [02:37] Because he was afraid of what [02:41] He thought was about to happen. [02:43] And I will say that that sort of strains credulity a little bit. Tex took out his gun. [02:50] Because he thought he felt at risk. [02:54] And then... [02:56] Nothing happened. But Tex kept his gun in his hand. And then... [03:01] As they continued to drive,

[03:04] They went over a bump. [03:06] Tex awoke with a start. He may have dozed off. Not really clear, but the gun went off. Now, [03:15] Admitting to holding a gun, falling asleep, and accidentally firing it is probably in itself some kind of crime. [03:24] But what happened was he... [03:28] The bullet went... [03:29] He was in the backseat. The bullet went through the front seat and hit his wife, Diane, during which she was [03:38] uttered a memorable phrase, which, you know, we called this deadly detour. But the only thing anybody remembers about this is her words, Tex, I think you shot me. [03:47] and she was correct he had shot her and then they then drove [03:54] to Emory Hospital. [03:57] Despite the fact that [04:00] There were closer hospitals and they took Diane to the emergency room and they were not able to save her. She was she died as a result of being accidentally or depending on who you ask, deliberately shot by her husband. Yeah. [04:16] And that was the basis of this story. I want to just talk about how big of a case this was. And this is something that you certainly bring forward in the episode itself. But it was so interesting for me watching this because I remember this whole thing playing out in real time. I remember it's crazy that it was a decade ago, but I was a local reporter when all of this happened. And the biggest thing that I remember, aside from us covering all of it, was you talked about the Cori Towers, this kind of iconic tower in Atlanta.

[04:46] So basically, if you're driving down the highway, you're going to see it. And her picture was up there for such a long time. I mean, it was something that everybody knew about and everybody noticed. How did you come to find out about this story, Josh? You know, we I think we read it in the paper. [05:05] Um, or, uh, your station in Atlanta called us, which also does happen. Uh, and, and say, you know, as you know, I mean, we, we get, we get alerts from local stations around the country all the time about stories that they're working on that they think might end up being a Dateline story. And it's the kind of story that makes a great Dateline episode. I mean, the two of them, Tex and Diane were, um, [05:30] These memorable characters, both in real life in Atlanta and sort of in the trial and the aftermath that followed. Did you ever cover either one of them before this? Did you know about them? [06:00] that they had where they had their ranch. It was in Eatonton, Georgia, Putnam County. I know it well because [06:07] My husband and I actually used to own property. Certainly nothing like that, by the way. Nothing even close to that. Let's be clear. Not that grand. Not even almost that grand. But we had some land and it was literally less than two miles away from where the ranch is. I know exactly where that is. And so you know how isolated that is. Oh, very. Absolutely. If you're going to commit a crime, if you want to get rid of your spouse and claim it was an accidental shooting, that's the place to do it. You're not going to have any witnesses.

[06:38] That's the place to do it. But also because, again, there was a shooting range there. Everybody's shooting guns there. Right. So a shooting accident certainly does not stretch the limits of believability. Right. And so something like that would have been easy to cook up out there. But I want to talk about Danny Jo. I love that you were able to talk with her. I love that she was as candid as she was. I love that we just had her voice in all of this, because, I mean, how rare is it that we actually have the person who was right there when the crime happened? [07:07] or you don't talk, whatever it is, you don't hear from the person who was sitting right there when all of this unfolded. [07:14] And so I'm curious if there are any behind the scenes you can tell us about her conversation. I'm just curious about what her demeanor was like as she was recounting all of this to you. So. [07:24] Here's the thing about Dani Jo. She was completely unafraid. [07:30] of [07:32] Hmm. [07:33] what might happen in that interview. You know, a lot of people we talk with, you and I, right? They are worried about how they're gonna come off. [07:41] And they're worried about possible legal ramifications that – [07:48] that might follow, right? Are they going to get charged? Are they going to be implicated in some way? Are they going to get sued? [07:56] Danny Jo was not worried about any of that. She was completely forthright. [08:03] And, you know, her testimony... [08:07] Like, [08:08] did not get Tex off the hook.

[08:11] Um, and although there was rampant speculation at the time that, you know, she was in on it with tax either because they were having an affair because he was going to like cut her in on the money or something like that. None of that turned out to be true either. [08:27] There was no relationship between Danny, Joe and Tex, except a friendly one. And she was sort of as much Diane's friend or maybe more so than the, than Tex. I mean, there was nothing going on there, which is again, as I sort of was talking about before, like, [08:45] Like. [08:46] If you're going to kill your wife, you are not going to do it in front of somebody who you don't know is going to... [08:56] back up your own story. Sure. You know, you're going to do it with somebody who's going to say, oh, yes, that's absolutely right. There were people running toward the car with guns, and Tex took out his gun and accidentally shot Diane. But there was none of that. I mean, she did not... [09:12] She did not make text sound better in her testimony. She did not, you know, back up his story. And, you know, she was, I thought Danny Joe was a very sort of honest broker of all the facts in this case. And then she also, you know, drove around with me. [09:30] through the route they had taken. [09:32] Um... [09:33] from the shooting scene all the way to Emory Hospital, which is, again, a long way. [09:38] Absolutely. Absolutely. I have to say one of the things that really struck me about Danny Joe was that we saw the moment that she learned that Diane MacGyver had died. That was what that was that was really I just felt so bad for her in that moment. One, she's taken her friend to the hospital and I could see that she thought, OK.

[09:57] She shot in the back. This is wild. This is not good. But she felt comfortable enough that she was stable, that she, you know, felt OK leaving. But then to get that news via text message, mind you, which I thought was... [10:08] really rough. And then we see her kind of break down [10:13] You could just see how close they were. And then I just really felt for her. You could. And I mean, that's the thing that says to me more than any other sort of investigative thing. I wasn't a part of this. You know, this is a terrible thing that I was a witness to, but that I played no role in this. And I think that's right. I think she didn't play any role in this. When we come back, Josh will share an extra clip of his interview with some of the jurors at Tex MacGyver's trial. [10:42] *music* [10:47] Brought to you by the Capital One Saver Card. [10:49] With Saver, you earn unlimited 3% cash back on dining, entertainment, and grocery stores. That's unlimited cash back on ordering takeout from home or unlimited cash back on tickets to concerts and games. [11:02] So grab a bite, grab a seat, and earn unlimited 3% cash back with a saver card. Capital One. What's in your wallet? [11:11] Terms apply. See CapitalOne.com for details. [11:15] This episode is brought to you by Penn Foster. [11:19] Sometimes things don't go as planned, especially with high school. [11:23] When you start to feel like you're falling behind, [11:26] Having another option can make a real difference.

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[13:12] Yes. [13:13] Yes, it is. Yes, it is. I lived in Atlanta for three years from 1983 to 1986. OK, so that'd be 40 years ago that I left. Right. [13:27] It was savage then. I can't even imagine what it was like in 2016 when this happened. [13:37] E-e-e. [13:38] It is one of the things that you have to plan. Sometimes I plan my entire week around how to navigate different things I'm doing around Atlanta traffic, right, between taking my daughter to school, [13:51] doing interviews, just different things because it is so unpredictable. And the only thing that's predictable is it's going to be bad at different times. And so hearing them say, okay, they had to exit because – [14:05] you know, the congestion was just so bad. That makes perfect sense. That's not something that raises eyebrows. Yeah. I mean, it was, look, look, you know, we always look for something in a Dateline story to sort of get us out of the chair with the other person that we're interviewing. And sometimes, you know, you're walking around the crime scene. Sometimes you're visiting some important part of the story. But in this case, clearly, the thing that was most important was [14:35] shooting happened during a car trip, which was then diverted to Emory Hospital. So we sort of started where they got off the freeway, and we ended at Emory, and we did it at night, and Danny Joe was driving. It was hard for her to drive, much harder for her to drive us than it had been to drive Texan Diane, because we had all these lights in the car to light the two of us

[15:05] we'd put in the car. So let's just say it was not optimum driving conditions because we would get the stoplights, right? And you'd see people in the next car, like, look at it and it's like, what's going on in there? Why are they all, why is that car lit up like a movie set, right? But I mean, so Danny Jo, I think, remarked a couple of times, like, she's like, she's like leaning forward, like, there's a lot of glare here, which there was not that night. Most people don't. Yeah. So that was the... [15:35] That was the thing. But fortunately, she was, we didn't have a problem with that. But to actually go through that route, what did you think when you were driving that with her? It's a long way. It's a long way. And there is a hospital that is not only closer, but that handles gunshot wounds at a far greater number than Emory Hospital does. It's a level one trauma. It's great that she would take you on that drive, too. I think that that really helped and brought a lot to the story. [16:04] Let's talk about guns and how guns fire. I love seeing you kind of demonstrating it at the end, right? The difference between buying it when it's cocked versus when it's not pulling the trigger. [16:16] Do you have a lot of firearms experience, knowledge? I don't. No. That's why we worked with a real firearms expert on this. And you see him with me in the episode shooting the… [16:29] shooting the exact same model of gun that Tex used. And here's the thing, you've got to pull that trigger very hard for that gun to go off. That is the thing I was surprised by when we sort of did that test, which is that is not a hair trigger. You have to pull, you have to put quite a bit of pressure on that trigger to get that gun to go off when you go over a bump on the road.

[16:59] - That kind of hair trigger, you have to pull that trigger. - Sure, absolutely. [17:05] Let's talk about the trial. Initially, he was charged with involuntary manslaughter, but prosecutors gathered more evidence. They charged him with murder. Did they run the risk of overcharging him here? Kind of taking that next step? [17:18] I mean, that's always a risk, you know, and that's always that's always a risk the prosecutors have when they have a case that's very high profile. And, you know, there is some significant part of the of the the population and wherever it is that you live and wherever you're trying this case that, you know, sort of wants the book thrown at this person. [17:48] asking for the maximum penalty on everything. And the evidence doesn't always support the maximum penalty on everything. Before we get to the jurors, I want to, there was one piece that stood out to me during, I mean, several things about the trial stood out to me, but let's talk about the use of the prop, the prosecutor's use of the prop. He came out, he had that jar of muddy water. Yeah, well. [18:08] This was a thing that Clint is, Clint Rucker, no longer a prosecutor in Atlanta. I think he's in private practice now. [18:17] He, this is the thing Clint was famous for, was he would take this jar of water. I'm not sure from where, maybe out of the Chattahoochee. I'm actually not sure where it came from. But he would put this jar of muddy water.

[18:32] on the wall that separates the well from the jurors. And he would say, this water is muddy. By the time I finish my closing argument, it will be clear. You will be able to see it. Then he talks for a while and he gives his closing argument. And then, of course, the silt has settled in this jar, this mason jar, and you can see through it. And so it's kind of a metaphor for what he's trying to achieve. You know, [19:00] Texas attorney. [19:03] Bruce Harvey, who has a long ponytail, despite the fact that he's a grown man. Sorry. [19:10] He has... I mean, come on. He has... [19:15] Uh... [19:17] on his shirt. [19:19] He has a monogram on his shirts, Bruce Harvey does. And the monogram is... [19:25] Let me just make sure I have this right. I believe this is it. It says 13 and a half. [19:31] 13 and one half. And that's... [19:35] his sort of mantra as a criminal attorney, which is, [19:40] 12 jurors, one judge, half a chance. Right? And that adds up to 13. And in other words, everything stacked against us, we have half a chance. That's the whole sort of attitude of criminal defense attorneys, which is not entirely wrong. Prosecutors like Clint Rucker tend to go

[20:10] prosecutors in murder cases around the country, like you talk to them, and they have records, one lost records in murder cases of like, you know, 28 and one, 29 and two. I mean, these are, these are, they go in with, with, with the deck overwhelmingly in their favor. So Clint uses the, the, the mason jar with the silt and mud in it, um, and, and the passage of time. And then Bruce [20:40] Everything you just ran down. That's so Atlanta. I love Atlanta. I mean, both of these guys are fixtures in the legal community here. I've dealt with them a number of times. They're folks who are very familiar with the process. But yes, they have their ways that they go about arguing cases. And so it's always interesting to watch. We've got some characters down here. [21:01] Let's talk about the jurors. We have an extra clip of you talking to some of them about their choice to convict Tex [21:10] but of the lesser charge, killing someone in the process of committing a felony. All right, so you go in and how quickly do you take a vote after deliberations begin? Pretty much right away. What was the first vote? Five guilty and then seven [21:27] lesser charge or count one and two. And I felt like when we walked into the deliberation room that he was guilty. [21:33] um... [21:35] And we all thought he was guilty of something. We had a difficult time agreeing on what that was.

[21:41] and [21:42] when you add all of the things up in this case, too many things [21:46] happen right next to each other to just say [21:49] Well, he's not guilty. [21:51] Did tempers fray? - Absolutely. - Voices raised? - There was some crying on some days. - Crying, there's yelling. [21:57] - It was. [21:59] temper tantrums, people storming out. We were making progress. And then the air in the jury room was a defeat of [22:05] You know, we're [22:07] 12 grown people [22:08] respect for each other, how come we couldn't come to a decision? And when we came back in, we agreed as a group that we were going to [22:15] Give it one more shot. [22:16] We went back to our notebooks and found the evidence [22:18] And that was, I think, the pivotal moment, actually, where we said, look, [22:21] Tex himself is the only person that said [22:24] I woke up. [22:25] had the gun and just went off and his own attorney the only testimony we had was [22:31] It wasn't cocked. [22:32] So he had to pull the trigger. [22:34] I think that's what did it. Not guilty of [22:37] malice murder, not guilty of [22:39] trying to kill his wife but [22:42] guilty of trying to shoot her? [22:44] Um, [22:45] What, Tex was trying to shoot Diane but not kill her? [22:48] I don't get it. [22:50] One of the things that we had to do with the... [22:53] murder charges you know we had to determine particularly for those of us who were in the guilty camp [22:58] Can we truly find the intent? [23:01] And we couldn't. [23:02] Yeah, I mean, for aggravated assault, there's an intent to cause bodily harm, right? [23:09] And when we looked at the evidence, that's the only action that we had actually any testimony around.

[23:15] And for the actual malice and hatred and the intent to murder his wife, there was [23:22] A lot of reasonable doubt in my mind. [23:25] - But there was no doubt that he intended to shoot her. - Well again, I think when you look at the moment where the gun goes off, did it go off unintentionally? [23:34] or did it go off on purpose? [23:36] You think justice was done here? [23:38] Yes. [23:40] Okay. [23:40] I do. I do. [23:42] I remember once we came to the final decision, [23:47] Um... [23:48] I think everybody felt not a sense of relief that it's over, but a sense of relief that we made the right decision. [23:54] a lot to consider there. That's interesting to hear that. Yeah, you know, and I mean, I think one of the things you can tell from that conversation is that they would have loved to be able to consider a charge of involuntary manslaughter, but that wasn't one of the things that they were offered. And that's the one of the, that's, I think, the reason that the Texas case was eventually overturned, that the belief that jurors should have had that option to consider a lesser [24:24] actual deliberate murder. Sure. And that conviction being overturned that happened in 2022. Tex eventually pleaded guilty to involuntary manslaughter rather than go back to trial. [24:37] And now he's out. He's been released on parole. [24:41] Yeah, well... [24:43] you know, he's how old now? I mean, he's, he was 82 when he was released. Yeah. So he's like, 82 years old, 82, 83 now. Yeah. I certainly understand the decision to, to take that play because he's, he's out now in whatever years he has left, at least he won't have to live them behind bars. Okay. And after the break, Josh and I will answer some of your questions from social media.

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[28:28] That would be one thing, but he didn't. It just doesn't seem plausible to me. Look, as we were talking about this, there is not one single explanation of this. [28:38] It was murder. He thought of it at the time. It was planned. He thought about it for a long time. It wasn't planned. It was a complete accident, right? None of that really makes any sense. Yeah. I mean, yeah. There is no theory that fits the facts perfectly in this case. Sure. Here's a username that's appropriate for this time of year. [29:08] Texas trying to be smooth, too smooth. [29:11] Well... [29:12] You know, as you heard the jurors, I mean, like they did not believe Texas story. [29:18] Okay, good. Let's hear from this. Genuine Laurie on X says, I'm sure I've said this before, but I will never pass judgment on anyone because of how they grieve or respond to a tragedy. That's always something that comes up in our episodes. [29:48] dead wife's possessions in a very short period of time, you're going to get judged for that. Not just by your friends and neighbors, not just by people watching on TV, but by people whose job it is to lock you up. So yeah, get ready. We do all grieve differently. I got a podcast out right now called Trace of Suspicion in which how someone grieves is

[30:09] is a huge part of the story. So yeah, I would urge you to listen to that. Here's one from Rara, 1875, 1937, who writes on X, let's just say, I don't think that you can shoot your wife on accident. [30:24] Yeah. Well, um, [30:26] Many Dateline viewers would argue exactly that. Yes. Interesting question from Misty Hargrave, who writes on Facebook, I'm wondering why the jury was able to completely discount the medical testimony regarding the defendant's sleep disturbances. It seems much more likely that the gun was discharged after Tex jolted himself awake. And of all the possible explanations, that certainly... [30:50] makes as much, maybe more sense than anything else. Again, that feels like involuntary manslaughter because it's still, you know, if you don't have your gun in your hand, then it doesn't make any difference. [31:03] You know, if you're jolted awake, you don't kill anybody in the process. I mean, that is exactly, I think, where the jury ultimately came down, but they weren't able to consider that charge. Yeah, I think that's right. I think he probably was jolted awake and, you know, didn't didn't realize that he was clenching his hand at the time. I don't think he meant to shoot. Again, if you're going to shoot somebody, you don't shoot them through. [31:30] a the seat of a car which might deflect the bullet and maybe not kill the person and then you've got someone sitting right next to your victim who you can't count on to tell your version of the story so that that's sort of where i come down it's not a sure way if that was your plot to kill your wife it's certainly not a surefire way of doing it um well the last question josh is actually from me uh after dipping your toe back into atlanta traffic for this episode would you ever move back

[31:59] Well, I [32:02] I do love Atlanta. I mean, it was, it was, I don't know that Atlanta, Blaine, I don't think Atlanta's big enough for the two of us. So I'm gonna, I'm gonna let that be your battlefield, but I did love it there. You're welcome to come visit anytime. [32:17] Thank you. Thank you. Love to have you. And thank you, of course, for talking Dateline with me, friend. It was always a pleasure. Anytime. And that is it for talking Dateline this week. Remember, if you have any questions for us about our stories, you can always reach us 24-7 on social media at Dateline NBC. You can DM us your audio or video questions on socials, or you can always call and leave a voicemail. That number is [redacted phone] for a chance to be featured right here on the podcast. Thanks so much for listening. [32:47] Thank you. [32:54] LinkedIn Premium All-in-One is amazing at helping you grow your small business. It can help you sell, market, and hire, all in one place, so you're 60% more likely to get replies from suggested prospects. It can't stop you from being CEO, CFO, HR, and yes, even IT sometimes. Hello. [33:13] Unknown error. [33:15] What? [33:17] Then how do you even know it's an error? Yikes. [33:20] Try LinkedIn Premium All-in-One for free at linkedin.com slash all in one.