Justice News

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, October 19, 2011
Baytown, Texas, Man Sentenced to Life in Prison for Atascosa County, Texas Murder

WASHINGTON – A Baytown, Texas, man was sentenced today to life in prison for his role in a homicide that took place in Atascosa County, Texas, in May 2008, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Robert Pitman for the Western District of Texas.

Jim Flint McIntyre, aka “Q-Ball,” 43, was sentenced by U.S. District Judge Xavier Rodriguez in the Western District of Texas.  McIntyre pleaded guilty on Feb. 11, 2011, to committing a violent crime in aid of racketeering activity.  McIntyre admitted that he participated in the murder of Mark Davis Byrd Sr.  Judge Rodriguez also sentenced McIntyre to a concurrent prison term of 15 years for a weapons offense he pleaded guilty to in the Eastern District of Texas. 

According to information presented in court, McIntyre was a member of the Aryan Brotherhood of Texas (ABT), a powerful, race-based, state-wide organization that operates inside and outside of state and federal prisons throughout Texas and the United States.  The ABT enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise.  Members, and oftentimes associates, are required to follow the orders of higher-ranking members, often referred to as “direct orders.” 

According to court documents, Mark Davis Byrd Sr., was a prospect member of the ABT.  Byrd was murdered by McIntyre and Michael Dewayne Smith, aka “Bucky,” for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT.  According to court documents, Byrd was murdered as a result of a “discipline” ordered by Frank Lavelle Urbish Jr., aka “Thumper.”  Byrd’s body was discovered in Atascosa County on May 4, 2008.  

On May 11, 2011, Smith, 30, of Houston, pleaded guilty to murder and conspiracy to commit murder in the racketeering-related death of Byrd.  Fellow gang member, Urbish, 39, of Pasedena, pleaded guilty to the same charges in June. 

Urbish and Smith both face life in prison at sentencing.  Sentencing for Urbish is scheduled for Feb. 29, 2012.  Sentencing for Smith is scheduled for March 1, 2012.
 
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Texas Rangers, the Texas Department of Public Safety, the Atascosa County Sheriff’s Department and the Beaumont Police Department.

The case is being prosecuted by Trial Attorney David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney David Shearer of the Western District of Texas, in full cooperation with the Atascosa County District Attorney’s Office.

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