Detective Smith
Appearances
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Before becoming VP at Corey Companies under Billy Corey, Jay Grover had been a detective. He was a very, very sharp guy. Billy and Jay started to dig into the events of that night and Tex's story.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
While the police had interviewed Tex and the story wasn't completely clear, it didn't seem like the investigation would lead anywhere. After all, Tex said it had been an accident.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Bill told me in interviews that Tex suggests to Bill that the reason that he had the gun in his possession is because they took an exit off the interstate that was in a dodgy part of town and that Tex wanted Bill to put it out there to the Atlanta Journal-Constitution and other media sources that he feared for his life and his wife and his friend's life because of Black Lives Matter protests.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
In retrospect, this is like our modern-day news bubble. Folks that live in an environment where this is a plausible explanation to them, with no awareness of how volatile that kind of claim would be.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
And he wouldn't stop talking.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
He decides he's going to sell all of Diane's belongings, her jewelry, her hats, her dresses, as quickly as he can. He makes this decision within two weeks of her death and sets the auction for December, which would have been eight weeks, 12 weeks after her death. This infuriates Billy Corey. You're selling off all of Diane's possessions.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
It continues, Tex refuses to go to the funeral home to collect Diane's cremains, telling the funeral director, I'm waiting for the estate to make funds available for that purpose. We're talking a couple of thousand dollars. Tex allows Diane's cremains to stay in a cold building in Conyers instead of going to collect them. Jake Grover's theory about this?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
That Tex doesn't want Diane in their condo, living or dead. Jake Grover's other theory? Tex wants to get all of her possessions out of the condo, and he certainly doesn't want Diane's cremains in the condo. He's gotten rid of her. He wants to stay rid of her.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
At this point, Jay is having conversations with the Atlanta police, homicide detectives who truly wanted to believe it was a tragic accident. And then, curiously, Tex, without anyone suggesting he do so, schedules a polygraph test just two weeks after the shooting. Tex did this of his own accord. Law enforcement didn't ask him to do it. And remember, Tex is not under arrest.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Crane didn't understand why Tex was doing the things he was doing.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Jay went back into detective mode and poured himself into the case. He was frustrated that the vehicle was back in Tex's possession, and we had a conversation about that. And it was our understanding at that time that there had not been any kind of plumb line test of that seat to see the trajectory of the bullet, because it just appeared that it was a tragic accident.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
So Jay and I make an agreement. I'm going to call JD Danny Stevens and I'm going to say to JD, somebody needs to take a look at the angle of that bullet in the seat. And Jay calls someone in the DA's office and something changes. Something happens to where now all of a sudden, there's curiosity about recovering the vehicle.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
As Jay, Billy, and I continued to try and understand what really happened that night, there was a tone change from the district attorney's office.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Even more information starts to pile up about Tex's financial situation. He had lost his status as partner at the labor law firm he worked at, Fisher Phillips, and with that, a pay cut. For a man as proud as Tex, this was humiliating.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
On December 21, 2016, Tex MacGyver was charged with involuntary manslaughter and reckless conduct in the shooting death of his wife, Diane, consistent with the theory that her death was an accident, not a cold-blooded murder.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Ten days after he is charged, on New Year's Eve 2016, police discovered that Tex owes Diane $350,000 and that money is due in just a few days, and she had already extended the note once before. But Tex only has approximately $20,000 to his name deposited in four different bank accounts. Was Tex about to be exposed as broke? And in Diane's eyes, a failure? Could this ruin their marriage?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
And how would Diane have looked at him?
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Unlock all episodes of Deadly Fortune ad-free right now by subscribing to the Binge Podcast channel. Not only will you immediately unlock all episodes of this show, but you'll get binge access to an entire network of other great true crime and investigative podcasts. All ad-free.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Plus, on the first of every month, subscribers get a binge drop of a brand new series that's all episodes, all at once. Search for The Binge on Apple Podcasts and hit subscribe at the top of the page. Not on Apple? Head to GetTheBinge.com to get access wherever you listen. Deadly Fortune is a production of Sony Music Entertainment and Waveland Road. I'm your host and reporter, Dale Cardwell.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Jason Hoke wrote and produced the series. Our associate producer is Marnie Zambri. Production support provided by Tim Millard. Audio engineering by Shane Freeman. The original score for Deadly Fortune is by Thomas Avery. Jason Hoke is the executive producer on behalf of Waveland Road. Executive producers for Sony Music Entertainment are Jonathan Hirsch and Catherine St. Louis.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
That same day, Detective Darren Smith received a call from Tex McIver.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Let's go back to September 26th, 2016, the day of Diane's death. Detective Smith of the Atlanta PD was already on the phone with Stephen Maples, Texas attorney, who, if you'll remember, had shown up at the hospital shortly after Diane had arrived that same morning.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Tex and his lawyers were already building a wall.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
From Sony Music Entertainment and Waveland Road, you're listening to Deadly Fortune. This is Episode 4, The Deeper You Dig. The Deeper You Dig Tex had continued to try and reach Danny Joe. This is when she finally had had enough and arrived at my house with her husband Tom. She was hiding from Tex.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
We discover that Tex wanted Danny Joe to leave the hospital that morning, wanting her to claim that she was not even with Tex and Diane. This was highly suspicious. Why in the world would he want Danny Joe to leave the hospital and pretend she wasn't with them? If Danny Joe leaves the hospital and is later discovered to have been part of it, her credibility is significantly harmed.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
So how do you believe anything she says? This would have allowed Tex to create a narrative that was more favorable to him. I call this Tex and the Tell-Tale Heart. Tex continues to make decisions that arouse suspicion. Still grieving, Tex did agree to sit down with police to share his side of the story. This is Brett Zimbrick, who was immediately involved in the case.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Brett was in the room the day Tex and his lawyer came in to speak with police.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Darren is the detective you heard in the phone call earlier with Stephen Maples.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Tex had an anxiety attack while at the hospital. It was all becoming too much for him. Detective Smith wanted to talk with Tex.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
As investigators had questions for Tex, Billy Corey had his own set of concerns about what had happened that night, and he wasn't the only one in the office invested in finding answers.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
This is Christy Phillips, the fiance of Jay Grover, who had worked for Billy Corey since he was a teenager.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Jay, Billy, and Diane were all close. And the news shook Jay, too.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 4. The Deeper You Dig
Maples continued to make the point that key hospital employees and himself had heard Diane say that tax didn't shoot her intentionally.