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. "Because the state is agreeing to exclude that, I'm going to hold the state to that, and I'm going to exclude that," Judge Boyd said in handing down the ruling. The court also found the materials from 2017 were timely disclosed, denied the defense's motion for a continuance, and heard a request for written findings on a separate suppression motion.

Why it matters: The defense told the court the 2025 extraction came with a UFED reader and higher‑resolution images the 2017 package lacked, and that without the underlying metadata it could not meaningfully challenge prosecutor interpretations of photographs and timestamps. The exclusion narrows the state’s digital evidence the jury may see but leaves admitted 2017 materials intact, which the state said it turned over earlier.

Witness testimony and evidence

Multiple civilian witnesses and a San Antonio Police Department detective testified in court about the April 2017 incident. Elizabeth Adams told jurors she was at the DoubleTree on April 23, 2017 when she saw a black four‑door car repeatedly stop and swerve, then a man being struck inside. "I heard 'Help me,'" Adams testified, and she said she also overheard someone shout, "don't shoot him." Adams said she saw a front‑seat passenger wearing a white shirt hold a handgun and described the person as "darker, a little bit darker" with cropped hair and a smaller stature. She said the passenger pointed a gun and that she heard three gunshots after the car pulled into a nearby Chick‑fil‑A parking lot.

Detective Osandra (Sandra) Lopez of the San Antonio Police Department described arriving at the Chick‑fil‑A scene, finding a male on the ground who appeared unresponsive, and separating witnesses. Lopez testified she collected a cell phone wrapped in a white towel from a witness identified as Gabriel Baez and transferred it to crime‑scene investigator Kimberly Wong. "I held on to it until one of our crime scene units, detectives or investigators came to the scene, and then I passed that on to her," Lopez said.

The court admitted multiple prosecution exhibits during testimony, including a muted version of Detective Lopez's body‑worn camera (admitted as State's Exhibit 10) and a still photo used to orient witnesses (State's Exhibit 12). Defense counsel later offered a surveillance video (marked Defense Exhibit 2) that the court allowed the parties to play for jurors in a limited form the next day.

Court directions and next steps

Judge Boyd denied the defense’s request for additional time to prepare, noting the state had agreed to exclude the 2025 material. Defense counsel requested written findings and conclusions on a separate suppression and Franks v. Delaware request; the court acknowledged the request. The trial continued with witnesses to be recalled as needed and jurors instructed not to discuss or research the case.

The proceedings combined a contested evidentiary dispute over digital extractions with eyewitness accounts and on‑scene police work, leaving jurors to weigh admitted materials from the 2017 extraction and testimony about the April 2017 shootings.