SAN ANTONIO – Taymor McIntyre, the rapper known as Tay-K, is set to go to trial in Bexar County for capital murder, years after a series of delays.

McIntyre, who gained notoriety for his viral song “The Race” while on the run from authorities, was arrested in 2017 at age 17 for two separate murders — one in Tarrant County and another in San Antonio.

McIntyre, now 23, has been facing serious charges since he was 16.

Read: TIMELINE: All developments ahead of Texas rapper Tay-K’s capital murder trial in Bexar County

In July 2016, he was one of five suspects accused in a deadly robbery outside Fort Worth. Eight months later, while on house arrest, he cut off his ankle monitor and fled.

While on the run, he was allegedly involved in the murder of 23-year-old Mark Anthony Saldivar on April 23, 2017. The fatal shooting occurred outside a Chick-fil-A near North Star Mall in San Antonio.

After three months as a fugitive, U.S. Marshals arrested McIntyre in New Jersey on the same day he released his song and music video, “The Race.” The video has since amassed over 250 million views and, at one point, charted on the Billboard Hot 100.

Despite his rising fame, McIntyre remained behind bars.

In 2019, he stood trial in Tarrant County, where he was convicted of murder and sentenced to 55 years in prison. He was later indicted in Saldivar’s murder and transferred to Bexar County, but the trial was delayed due to the COVID-19 pandemic.

While in custody, McIntyre hired prominent defense attorneys Gerald Goldstein and John Hunter. He has also been charged with three additional counts of possessing prohibited substances or items in a correctional facility.

Criminal defense attorney Daniel De La Garza, who is not involved in the case but specializes in capital murder cases, said McIntyre’s viral music video could play a key role in the trial.

“That video may come in during the guilt-innocence portion because evidence of flight is something that prosecutors are always interested in,” De La Garza said.

Despite facing capital murder charges, McIntyre will not be eligible for the death penalty because he was a minor at the time of the crime.

“There’s federal case law that says when a criminal defendant is under 18 years of age, the death penalty is not on the table,” De La Garza explained.

With experienced attorneys on both sides, the trial is expected to draw significant public interest.

“The state assigned experienced prosecutors, and the defense has two very experienced lawyers,” De La Garza said. “I’m sure they will come up with a very creative defense.”

Jury selection is set for Monday, March 31, with testimony scheduled to begin Tuesday, April 1.

You can watch the trial on INC.com, INC Plus and INC’s YouTube channel.

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