The Atlanta Journal-Constitution

MORE DETAILS: FELONY MURDER VS. MALICE MURDER

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Tex McIver was found guilty on Monday of felony murder but acquitted of malice murder. What’s the difference?

Malice murder

An intentiona­l murder that is willful and premeditat­ed.

Felony murder

A killing that occurs during the commission or attempted commission of a felony. Intent is not necessary. In the case of McIver, the underlying felony was aggravated assault with a deadly weapon.

» Inside: A timeline of the case,

■ Sept. 25, 2016: Tex McIver shoots Diane in their SUV near Piedmont Park. She dies early the next morning at Emory University Hospital on Clifton Road.

■ Sept. 26, 2016: An autopsy performed on Diane McIver determines she died of a gunshot wound to the back. The medical examiner declares the incident a homicide.

■ Oct. 6, 2016: In his first public comments on the case, Tex McIver tells The Atlanta Journal-Constituti­on that the shooting was an accident.

■ Oct. 12, 2016: The AJC reports that in 1990 Tex McIver fired his gun at a car carrying three teens outside his DeKalb County home. A grand jury found probable cause to indict him, but the case was dropped after the parties settled it privately.

■ December 2016:

Tex McIver sells off his late wife’s clothing, jewelry, hats, furs and other possession­s at an estate sale that lasts several days and draws thousands of people.

■ Dec. 21, 2016: Atlanta Police charge Tex McIver with involuntar­y manslaught­er and reckless conduct in the shooting death of his wife. The charges suggest they believe Tex McIver’s claim that the shooting was an accident.

■ Dec. 31, 2016: It emerges that Tex McIver owed his wife $350,000 at the time of her death. McIver says the money went to build a barn with guest quarters on the couple’s farm in Putnam County.

■ April 14, 2017: Prosecutor­s serve multiple subpoenas seeking the McIvers’ financial records. The move makes clear that the Fulton County district attorney’s office is not convinced the shooting was an accident.

■ April 26, 2017: McIver has his bond revoked after a Glock pistol is found in the sock drawer of his Buckhead condo. Following a three-day hearing, a Fulton County judge sends McIver to jail.

■ April 27, 2017: McIver is indicted on a charge of malice murder along with six other charges, including three counts of influencin­g a witness.

■ Oct. 19. 2017: Judge Robert McBurney delays the trial, which had been scheduled to start Oct. 30, and clears the way for McIver to be released from prison.

■ Nov. 21, 2017: McIver loses key members of his defense team. He replaces them with Bruce Harvey and Don Samuel, two well-regarded Atlanta criminal defense attorneys.

■ Dec. 12, 2017: McIver posts bond and leaves the Fulton County jail after nearly eight months.

■ March 5, 2018: Jury selection begins in Fulton County Superior Court.

■ March 13, 2018: Opening statements take place and testimony begins.

■ April 10, 2018: The prosecutio­n rests its case against McIver.

■ April 13, 2018: The defense rests its case.

■ April 17, 2018: Closing statements conclude and the jury begins deliberati­ons.

■ April 23, 2018: After telling the judge in the morning they were deadlocked, the jury comes back and finds McIver guilty of felony murder, aggravated assault with a deadly weapon, possession of a firearm in commission of a felony and witness influencin­g. McIver is taken into custody.

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