Rapper Tay-K 47 partially won a legal battle this week regarding a state district judge’s decision to deny him bail in two Tarrant County criminal cases, but don’t expect to see him outside of jail anytime soon.
The Second Court of Appeals ruled Thursday that State District Judge Wayne Salvant erred when he denied a request to set bail for Tay-K, whose real name is Taymor McIntyre, in an aggravated robbery case in which the rapper is accused of beating a 65-year-old man at an Arlington park.
But the court upheld Salvant’s decision to deny McIntyre bail in a capital murder case involving the Mansfield robbery and fatal shooting of 21-year-old Ethan Walker.
As a result, McIntyre will remain in the Tarrant County Jail.
McIntyre was on house arrest, days away from a hearing in which prosecutors were seeking to have him certified as an adult in the Mansfield case, when he cut off his ankle monitor and fled in March 2017.
During his time on the run, he released a song and video about his run from the law called “The Race,” which later went platinum. Officials allege that before his arrest three months later, he also committed two new crimes — robbing and fatally shooting a 23-year-old photographer in San Antonio and robbing and beating the 65-year-old man in Arlington.
He was 16 when he allegedly committed all three crimes.
McIntyre, now 18, was booked into the Tarrant County Jail in July 2017 and later certified as an adult in both the Mansfield capital murder and Arlington aggravated robbery cases. He has also been accused of capital murder in Bexar County in the photographer’s death.
Defense attorneys Jeff Kearney and Reagan Wynn later filed a motion asking that Salvant set a reasonable bond in the Tarrant County cases.
But in a hearing this past March, the attorneys argued that because McIntyre’s capital murder case had started in the juvenile system — which does not have a bail or bond system in place — he is entitled to one now under Texas law.
Salvant denied that request and expressed concern that McIntyre had been “glorified” for allegedly committing heinous crimes.
“I believe if you are fortunate enough to have a bond, that you are compelled to follow the law,” Salvant said during the hearing. “And if you don’t follow the law, and it’s shown that you’re not following the law, then you’re not entitled to another bond. I don’t care how old you are.”
He invited the defense attorneys to appeal his ruling.
“I would want somebody a lot smarter than me to make that decision. Then I think it would be on their head and not my head” if McIntyre is released and allegedly violates the law again, Salvant said.
The appeals court ruled that McIntyre had effectively been “released on bail pending trial” in the capital murder case when he cut off his monitor, fled, and allegedly committed “multiple additional felonies demonstrating his danger to the community.”
Therefore, the trial court did not abuse its discretion by denying him bail in the capital murder case, the opinion states.
But the appeals court did reverse Salvant’s order denying bail in the Arlington aggravated robbery case, stating that McIntyre cannot be denied bail for violating conditions of release that were never imposed in that case. It remanded that case back to the trial court for further proceedings.
McIntyre was recently moved to the Lon Evan Corrections Center, Tarrant County’s maximum-security jail, after getting in a fight with another inmate.
Sheriff’s officials said during the move, deputies discovered McIntyre had a cellphone and charger stuffed into a sock tucked into his underwear. As a result, McIntyre was charged last week with a new felony charge — possessing a prohibited item within a correctional facility.