While on the run in a Mansfield capital murder case, Tay-K 47 is alleged to have robbed a photographer in San Antonio, then fatally shot the man, according to recently filed court documents.
A summary of the allegations against Tay-K 47, the rapper whose real name is Taymor McIntyre, is included in an appeal filed Friday by his attorney.
The appeal includes details not previously disclosed, including that investigators believe McIntyre was the triggerman in the fatal shooting of 23-year-old Mark Anthony Saldivar in San Antonio in April 2017.
McIntyre's attorney, Jeff Kearney, is asking the Second Court of Appeals in Fort Worth to reverse a March ruling in which State District Judge Wayne Salvant denied McIntyre bond in the Mansfield case and a pending Arlington aggravated robbery case.
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According to the appeal:
A Bexar County arrest warrant affidavit states McIntyre and others had picked up Saldivar, a photographer, to go to a photo shoot at a mall on April 23, 2017.
While in the car, McIntyre and one of the other suspects pulled out guns and took Saldivar's backpack containing his camera equipment.
The other suspect pistol-whipped Saldivar, who was forced out of the car.
Saldivar tried to get back into the car and eventually jumped on the hood. The affidavit states McIntyre then leaned out the window and shot the photographer, fatally wounding him, according to the appeal.
At the time of the San Antonio shooting, McIntyre had been on the run from authorities in Tarrant County in a separate capital murder case.
Police have said McIntyre was among a group of suspects who took part in a home invasion robbery in Mansfield on July 26, 2016, that left 21-year-old Ethan Walker fatally shot and another man injured.
According to the appeal, McIntyre allegedly did not have a gun during that robbery, but rather brass knuckles.
Sixteen at the time, McIntyre was arrested in the Mansfield case but later released from juvenile custody on house arrest.
He was days away from a hearing in which prosecutors were seeking to have him certified as an adult when officials say he cut off his ankle monitor in March 2017 and ran.
The next month, authorities allege, McIntyre robbed and killed Saldivar in San Antonio.
Then on May 25, 2017, officials allege, the rapper and another teen attacked and robbed a 65-year-old man as he walked in Arlington’s Cravens Park.
McIntyre was arrested in late June 2017 in New Jersey after a highly publicized manhunt.
Kearney, McIntyre's attorney, alleges McIntyre has been illegally detained without bail since August 2017, when he was certified to stand trial as an adult in the Mansfield capital murder and Arlington aggravated robbery cases.
He argues because McIntyre’s cases 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 held a hearing on the matter in March, but denied the defense attorney's request to grant McIntyre bond.
During his ruling, the judge said he was troubled that McIntyre was being "glorified" for allegedly committing heinous crimes, would make a song and video boasting about his situation, and that the teen would think he deserves another break.
"I believe that 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, and I don't care how old you are."
Kearney is asking the appeals court to reverse Salvant’s order and to set a reasonable bail in the Mansfield capital murder and Arlington aggravated robbery — $150,000 and $100,000, respectively.
Tay-K's financial status
The appeal also offers insight into the financial status of McIntyre, who turned 18 on Sunday inside the Tarrant County Jail.
Since his incarceration, McIntyre has signed a recording contract with 88 Classic LLC, which owns all rights to McIntyre’s popular song, according to court documents.
The appeal does not name the song but is apparently referring to "The Race," a song in which McIntyre boasts about his time on the run. The song made Billboard's top music chart.
According to the appeal, all of McIntyre’s earnings — more than $236,000 — are held in an irrevocable spendthrift trust.
Joshua White, the owner and operator of 88 Classic, is the sole trustee of the trust, and McIntyre has no authority to direct distributions from the trust, the appeal states.
The trust does not terminate until McIntyre’s 21st birthday in 2021.
“Because (McIntyre) is facing two serious felony charges in Tarrant County as well as a serious felony charge in Bexar County, any funds to which he had access will be used to cover attorneys’ fees, bond fees and other expenses related to the charges in both counties,” Kearney wrote in the appeal.
Even if allowed to post bond in the Tarrant County cases, Kearney states in the appeal that McIntyre would still have to be transferred to Bexar County to face juvenile justice proceedings in the capital murder case there.
If he was somehow later released on bond in Bexar County, Kearney states McIntyre can be "adequately supervised" through electronic monitoring and other conditions while living under the supervision of his father and an uncle.