What is the difference between murder and capital murder? Rapper Tay-K found guilty in second murder trial

Tay-K found guilty of second murder (Image via @tay47shawty/Instagram)
Tay-K found guilty of second murder (Image via @tay47shawty/Instagram)

Rapper Taymore McIntyre, aka Tay-K, was found guilty of murder for the second time after shooting photographer Mark Anthony Saldivar in 2017. At the time, the rapper was reportedly on the run from authorities while he was under arrest for a previous murder charge. He was previously sentenced to 55 years behind bars in 2019, and on Friday, April 11, 2025, his second murder trial concluded.

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After two weeks of trial and over a day of deliberations, the jury at the Bexar County Court convicted the Texas rapper of murder. However, it was a lesser charge than his initial capital murder charge for killing Saldivar. The jury didn't find him guilty of capital murder, but between the option of charging him with a lesser murder charge or manslaughter, they chose the former.

Per the California Penal Code, a first-degree murder is a premeditated act resulting in death. It includes crimes that kill a person, including robbery, carjacking, poisoning, or using explosives. Meanwhile, capital murder is for killing more than one person, killing for financial gain, killing a witness, officials, or a drive-by shooting with the intent to kill.

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First-degree murder charges can result in up to 25 years in jail, while capital murder can subject the person to life in prison without the possibility of parole or capital punishment, aka the death penalty.


Testimony from Tay-K's second murder trial reveals that the rapper was gleeful after the killing

During Tay-K's two-week murder trial for killing San Antonio photographer Mark Anthony Saldivar in 2017, one of the people who took the stand was his former girlfriend, Joanna Reyes. She was charged with witness tampering but was given a deferred sentence in exchange for her testimony in the case.

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Reyes, who saw the incident while driving by in her SUV, alleged that Tay-K was happy after the killing. In her testimony on April 7, 2025, per XXL Magazine, she said:

"They were going through [the victim's] backpack and his wallet. They had got upset because it was only $10... They were kinda going back-and-forth. Then Jaylen [Bell] applauded [Tay-K] and gave him a high five. They high-fived each other. And Jaylen said, 'You caught your first body.'"
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After the jury found him guilty of murder on Friday, his punishment phase will start on Monday, April 14, and is expected to continue on Tuesday afternoon, April 15. However, during the closing arguments, Tay-K's attorney, John Hunter, insisted to the jurors that his client was not guilty of any of the charges. He said:

"Taymore McIntyre is not guilty of capital murder, murder, or manslaughter and the reason for that is very simple. You have to do it right. You have to do the work. And this case clearly demonstrates the work wasn't done."
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With the initial capital murder charge, the Texas rapper could have seen a mandatory life sentence. However, with the lesser murder charge, he is seeing five to 99 years in prison in addition to his 2019 sentence of 55 years in prison.


Tay-K's new punishment range for the lesser murder charge opens up the possibility of the rapper getting parole.

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Edited by Kinette Sumadia
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