What's the difference between capital murder and murder? Tay K reportedly found guilty of murder

Rapper Taymor Travon McIntyre, aka Tay K, was found guilty of murder and not capital murder in connection with robbing and killing photographer Mark Anthony Saldivar in 2017. According to his defense, evidence and testimony from the witness did not tie the rapper to the crime.

Following eight hours of deliberations in the trial, the judge read out the jury’s verdict as:

“We, the jury, find the defendant, Taymor McIntyre, not guilty of the offense of capital murder as charged in the indictment. We, the jury, find the defendant Taymor McIntyre guilty of the lesser included offense of murder as charged in the indictment.”

According to KSAT 12, had he been convicted of capital murder, he would have been sentenced to life imprisonment without the possibility of parole. However, with the lesser charge, the punishment will range between five to ninety-nine years or life in prison. There is also room for parole after Tay K serves some time. Defense attorney John Hunter said:

“Taymor McIntyre was 16-years-old when this happened. He was a child. You are going to hear evidence that Taymor’s childhood up to that point was far from idyllic. He was in the foster system.”

Hunter went on:

“We are looking at this whole circumstance through the eyes of a 16-year-old boy who has had a traumatic and horrible life and whose judgement was impaired.

This was Tay K’s second murder conviction. He was previously convicted of killing during a home invasion in North Texas in 2019. As per the case's verdict, he was sentenced to 55 years in jail.

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Looking back at Mark Anthony Saldivar’s mother’s statement and Tay K’s previous social media post

Tay K's legal team said the police relied heavily on witness accounts. According to People Magazine, John Hunter argued during closing remarks that Taymor McIntyre was not guilty of any form of murder. He believed the case showed that proper investigative work hadn’t been done.

In 2017, a legal document was issued for Tay K in Bexar County, Texas. The document stated that he was part of a group that picked up Mark Anthony Saldivar, the 23-year-old photographer. They were supposed to go to a nearby shopping center for a photoshoot.

While they were in the car, it was said that Saldivar was robbed at gunpoint. Following this, Saldivar was fatally shot after a disagreement. Lucy Saldivar, Mark’s mother, testified in court during the trial. When asked to talk about her son, she said:

“He was my youngest son. He was a good son. He never got in trouble. He was always happy, try to help his friends in any way he can.”

In 2023, Tay K shared several social media posts on X and Instagram. For instance, in an X post dated January 6, 2025, he expressed that he believed his sentence would have been much lighter if he had been a white teenager.

He felt that, at 16, he was given 55 years for playing a minor role in the crime. He also believed that if he were white, the court might have acknowledged his young age, considered that his brain wasn’t fully developed, and focused on giving him rehabilitation and a real chance at adult life.

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