Judge Boyd excludes state's late 2025 phone extraction in McIntyre trial; witnesses describe 2017 shooting at Loop 410 and McCullough

Judge Stephanie Boyd of the 187th District Court in Bexar County ordered the state to exclude newly produced phone data dated Jan. 28–Feb. 3, 2025 from the trial file in State v. Tamar McIntyre (Cause No. 02/2019 CR12495) and allowed jurors to hear witnesses who described a April 23, 2017 shooting near the DoubleTree/Chick‑fil‑A at Loop 410 and McCullough.

The ruling follows defense arguments that the 2025 extraction — produced close to trial and delivered in a format the defense said it could not meaningfully analyze — hampered its ability to test prosecution exhibits and to vet a cooperating witness's earlier court testimony. "We would ask the court to exercise its discretion under Heath and exclude the entirety of Mr. McIntyre's cell phone... pursuant to Article 39.14, the due process clause, Fifth and Fourteenth Amendments," defense counsel Jerry Goldstein argued.

The prosecutor told the court the defense had the 2017 extraction earlier and that the state would not offer the January–February 2025 material.…