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Judge Boyd denies defense request to instruct jury on self‑defense for capital murder; reads full charge

2965279 · April 11, 2025
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Summary

Judge Stephanie Boyd declined defense requests to include several jury instructions — including a self‑defense instruction for the capital‑murder count — and read the court's full jury charge to jurors in the trial of Tamar McIntyre, who is accused of killing Mark Anthony Saldivar during an alleged robbery in April 2017.

Judge Stephanie Boyd of the 187th District Court denied multiple defense requests during a pre‑deliberation charge conference and then read the court's full jury charge to jurors in the case against defendant Tamar McIntyre.

The rulings centered on how the judge will instruct jurors about the elements of capital murder, lesser included offenses and related defenses. Boyd rejected the defense's request to give a self‑defense instruction on the capital‑murder allegation because the indictment alleges the killing occurred “in the course of committing or attempting to commit the offense of robbery,” and, as the court stated, self‑defense is not available when the charged theory is a robbery‑based capital murder.

The defense had objected to multiple parts of the proposed charge. Counsel argued the draft expanded the indictment by instructing jurors on alternative culpable mental states and alternate “manner and means” (for example,…

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