ATLANTA - The autopsy report for the wife of a powerful Atlanta attorney says she died from a gunshot wound to her back. That bullet, according to the report, traveled from right-to-left, back-to-front, and downward. The report also says it didn't travel through anything before hitting her in the back.
The report does little to clarify the circumstances surrounding the death of 63-year-old Diane McIver.
Diane's husband, Tex McIver, called the shooting a "tragic accident" and says he's passed a polygraph about what happened on the night of September 25, 2016.
He told 11Alive News he fell asleep holding the gun and then woke up minutes later and realized he had accidentally fatally shot his wife. The couple was traveling home from their Eatonton ranch with their best friend, a woman known as Dani Jo, behind the wheel. Diane was in the passenger seat. Tex was in the back seat.
"The entrance wound is not irregular which suggests the projectile did not pass through an intermediate target," the report notes.
After the shooting, the group went to Emory University Hospital where Diane went into surgery. She did not survive.
The autopsy report, completed by the Fulton County Medical Examiner, classified Diane's death as a homicide, but was clear to point out "this does not imply a judgment of the legality of the action". It mirrors a similar word of caution from the Atlanta Police Department who pointed out "homicide is one person causing the death of another person", but not necessarily murder.
A spokesperson for APD said, "our homicide investigators are working diligently" as they continue to investigate the case.
Samples for toxicology tests were forwarded to the GBI, and a copy of the report was sent to the Fulton County District Attorney's Office.