SAN ANTONIO – Taymor “Tay-K” McIntyre was found guilty of the lesser charge of murder in the shooting of 20-year-old Mark Anthony Saldivar.
McIntyre had been on trial for capital murder, but jurors were able to consider the lesser charges of murder or manslaughter before they decided on murder.
If he were convicted on the original capital murder charge, McIntyre would have faced an automatic life sentence in prison. Because he was convicted of murder, a lesser charge, McIntyre’s prison sentence will now range between five and 99 years in prison.
The new punishment range also opens up McIntyre to the possibility of parole.
The punishment phase of McIntyre’s case began on Monday afternoon, but it resumed on Tuesday afternoon.
KSAT is streaming McIntyre’s Tuesday evening punishment phase on KSAT.com, the free KSAT Plus streaming app and in this article.
Below is a list of events from Tuesday’s court proceedings.
1:43 p.m.: Jurors entered the courtroom.
1:44 p.m.: The defense called Dr. John Matthew Fabian, who appeared in court via Zoom, to the stand. Fabian is a forensic psychologist and a neuropsychologist.
1:47 p.m.: Fabian told the court that the defense provided some information on McIntyre. He spoke with some of McIntyre’s family members, including his mother, father, sister and paternal grandfather.
1:51 p.m.: Fabian told the court that some of McIntyre’s family history included “criminality, substance abuse, mental illness and prostitution.” Fabian said he believed those factors were significant for his parents when McIntyre was born.
2:24 p.m.:Judge Stephanie Boyd gave jurors a short break. Court proceedings were expected to resume at approximately 2:40 p.m.
2:46 p.m.: The jury reentered the courtroom. Fabian’s testimony continued via Zoom.
3:13 p.m.: Prosecutor Jason Garrahan began the state’s cross-examination of Fabian, who admitted he listened to some of McIntyre’s music and read some news articles related to the case.
During the prosecution’s questions, defense attorney John Hunter jumped in and asked to approach Judge Boyd’s bench. The judge accepted Hunter’s request.
3:16 p.m.: Judge Boyd asked jurors to briefly exit the courtroom while a hearing was conducted without their presence.
3:17 p.m.: Boyd affirmed to the court that the prosecution can question Fabian about anything that he reviewed before he testified in court on Tuesday. Additionally, the judge said she will determine whether mentioning the music would be appropriate in front of the jury or if it would violate a previous “motion in limine.”
3:19 p.m.: Boyd began reviewing a transcript of some of McIntyre’s lyrics in his song called “The Race.”
3:38 p.m.: Hunter appealed to the court to not allow the music’s lyrics to be admitted as evidence during McIntyre’s punishment phase. Garrahan argued that the lyrics are relevant to McIntyre’s punishment phase.
3:46 p.m.: In the hearing, Judge Boyd ruled the admission of the lyrics would be “more probative than prejudicial” because Fabian admitted to reviewing McIntyre’s song and his music. However, Boyd said it would not be appropriate to play any part of the song’s music video in the courtroom.
3:49 p.m.: Jurors reentered the courtroom. The prosecution’s cross-examination of Fabian continued. When asked if Fabian remembered whether he saw McIntyre in “The Race” music video, he said yes.
3:51 p.m.: Garrahan asked Fabian multiple questions on whether or not he remembered certain lyrics from “The Race.”
“Do you remember, ‘But I ain’t beat that case; b—-, I did the race.’ Do you recall that?” Garrahan asked Fabian.
“I do recall that line,” Fabian said.
“And what about the line, ‘Shoot a f—boy in his m—–f—— face.’” Garrahan asked Fabian.
“I don’t recall that,” Fabian said.
“It says, ‘I’m little Tay-K, I don’t think you want no (sic) action; You want action? You get turned into past tense.’ You recall that?” Garrahan asked.
“I believe I recall that line,” Fabian said.
“What about, ‘Smith & Wesson made my .9 with some compassion,’” Garrahan asked.
“I remember the Smith & Wesson reference,” Fabian said.
4:12 p.m.: The prosecution concluded its line of questions for Fabian. Hunter began asking Fabian additional questions.
4:15 p.m.: The defense and prosecution said Fabian has been excused from additional testimony.
4:18 p.m.: The defense called McIntyre’s sister, Kayla Beverly, to the stand.
4:19 p.m.: Beverly told the court that she and McIntyre were taken from their mother by Child Protective Services. She said they lived in multiple foster homes, including a home in Las Vegas, Nevada.
4:33 p.m.: When McIntyre and Beverly’s father was no longer incarcerated, he reestablished custody with the children in Arlington, Texas.
Beverly said the reunion with their father was supposed to be “happy.”
However, she told the court how her father was physically abusive with her and McIntyre due to what appeared to be minor violations such as “bad grades.”
“It was times (sic) when Taymor was younger than me, and he would cry,” Beverly said. “Maybe they would think he was overdramatic, so they would tie him down to an ironing board. Strap him down, stuff like that.”
5:04 p.m.: Beverly was excused from the stand.
5:07 p.m.: Judge Boyd granted jurors a short break. The break was expected to end at approximately 5:20 p.m.
5:34 p.m.:Jurors reentered the courtroom. The state and defense rested their cases in McIntyre’s punishment phase, which kickstarted closing arguments.
5:42 p.m.: Prosecutor Meghan Galloway concluded the state’s closing arguments in McIntyre’s punishment phase with one plea to the jury.
“Ladies and gentlemen, the only appropriate punishment verdict in this case is life (in prison),” Galloway said.
5:46 p.m.: Hunter began closing arguments as a part of McIntyre’s defense team.
Hunter said the connection between McIntyre’s upbringing and his crimes should impact how jurors decide his client’s sentence.
“Again, I’m not saying that there isn’t an appreciation of right and wrong, but you understand that we have here a perfect storm of factors that ask for these kinds of things to transpire,” Hunter told jurors. “We need to make sure that the verdict that we deliver in this case is measured to that, that it acknowledges that this is a tragedy for a lot of different reasons. And only one of them was decided when that light changed from green to red on the access road of (Loop) 410.”
6:03 p.m.: Hunter yielded to Garrahan, who made his plea to jurors on behalf of the state.
“He (McIntyre) will have his life. Maybe he’s going to a bad place, like the defense counsel said, which that’s (sic) what prison is,” Garrahan said to jurors. “He has all those options ahead of him. He can choose to make himself better there. He can choose. He can choose. Mark (Anthony Saldivar) will not be able to choose any of that.”
6:13 p.m.: Garrahan concluded the state’s closing arguments. A Bexar County sheriff’s deputy escorted jurors back to the jury room to deliberate McIntyre’s punishment.
Watch the April 11, 2025, closing arguments in McIntyre’s murder trial below:
Background
At the time of Saldivar’s shooting, McIntyre was wanted in connection with a fatal shooting in Tarrant County.
He gained notoriety for his viral song “The Race” while on the run. He was arrested in 2017 at the age of 17.
McIntyre, now 24, is already serving a 55-year sentence for the murder out of Tarrant County.
If he is found guilty, McIntyre would automatically be sentenced to life in prison.
Watch below: Opening statements in Taymor McIntyre’s capital murder trial
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