Tavor Tom pleads to 2nd-degree murder for killing of aunt

Tavor Tom pleaded guilty to second-degree murder
• He faces a maximum sentence of life for killing his aunt
Federal sentencing guidelines put his sentence at 16 to 20 years

See the case write-up or read previous stories on the case

SHIPROCK, N.M. —  Tavor Tom could receive a sentence of up to life in a federal prison after he pleaded guilty, Nov. 24, 2020, to second-degree murder for stabbing his aunt to death in 2019.

Tom, 19, of Shiprock, pleaded guilty in front of federal Magistrate Judge Kirtan Khalsa during a virtual hearing that lasted just over 30 minutes. Khalsa deferred final acceptance of the plea deal until sentencing by a district court judge, who has not been assigned yet.

Shiprock. Photo by Joseph Novak/Flickr

Tom will remain in jail pending his sentencing hearing.

A federal grand jury indicted him on July 9, 2019, on a charge of second-degree murder. He stabbed his aunt to death on July 1, 2019.

According to the plea deal proffered by federal prosecutor Joseph Spindle, there is no agreement as to the sentence.

Prosecutors will agree that Tom accepted responsibility for his conduct and grant that, under the sentencing guidelines, he is entitled to a reduction of two levels from the base offense. Spindle and Tom’s defense attorney, James Loonam, can argue whatever they want when it comes to the sentence.

In the plea agreement, Tom wrote that he stabbed his aunt repeatedly with a knife, “intentionally and without justification.”

When interrogated by FBI agents, he said he stabbed her repeatedly and slit her throat, according to court documents.

A records request for the autopsy report is pending with the Office of the Medical Investigator.

Sentencing guidelines

Second-degree murder carries a base offense level, per the federal sentencing guidelines for second-degree murder, is 38. The plea deal provides Tom with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Tom’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the level without the consideration of his guilty plea, the range increases to 20 to 24 years.

Based on a search of federal and state court records, Tom does not appear to have any prior state or federal arrests. His tribal criminal records are unknown.

His final sentence will be up to the sentencing judge. No sentencing date has been set.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43.

The crime

At 10 a.m., July 2, 2019, the victim was found dead in her house by her father. Sometime during that same morning, Tavor Tom was found in the victim’s Jeep Cherokee, after he crashed into a fence in front of a church in Nenahnezad. Navajo Nation police officers found a bloody knife in the car, FBI Agent Cary Cahoon wrote in an affidavit for an arrest warrant.

During an interrogation, Tom told FBI agents he killed his maternal aunt with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.

For more details on the crash, see the case write-up.

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Sentencing set for Breadsprings man who beat girlfriend to death

Troy Livingston pleaded guilty in August to second-degree murder
• Sentencing is tentatively set for November
• He beat to death Tyler Lamebear, his girlfriend

Update: Sentencing has been continued to 9:30 a.m., Feb. 1, 2021.

See the case write-up or more stories about the case

ALBUQUERQUE, N.M. — Troy Livingston is set to be sentenced on Nov. 12, 2020, after he pleaded guilty in August to second-degree murder for beating his 19-year-old girlfriend to death.

A notice on the docket states the sentencing will be at 9:30 a.m. in the Cimarron courtroom in front of District Judge William Johnson.

The docket and notice do not state if the hearing will be in person, virtual, a combination of the two or if that has not been decided yet.

Livingston, 20, pleaded guilty on Aug. 4, 2020, to a criminal information charging him with second-degree murder for Tyler Lamebear’s beating death on April 6, 2019. Livingston is an enrolled member of the Navajo Nation. Second-degree murder carries a maximum sentence of life.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.

Although Magistrate Judge Laura Fashing took the plea, she deferred final acceptance until the sentencing hearing in front of Johnson.

It appears from the docket that the pre-sentence report may have been filed because entry 50 from the docket is missing, pre-sentence reports are not public and a sentencing date has been set.

What federal probation officers think his sentencing range should be has not been entered into the court docket yet. It is usually revealed either through a prosecution or defense sentencing memorandum.

A federal grand jury previously indicted Livingston on a charge of first-degree murder on Jan. 29, 2020.

Sentencing guidelines

The base offense level, per the sentencing guidelines for second-degree murder, is 38. The plea deal provides Livingston with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Livingston’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the range increases to 20 to 24 years.

According to New Mexico and federal court records, Livingston has one past criminal case, for intoxicated driving and child endangerment from March 2019. Prosecutors dismissed that the case at the magistrate level, without prejudice, on May 8, 2019 in a form dismissal and wrote that Livingston was in federal custody for “an alleged capital offense.” Past arrests or convictions in tribal court are unknown. His addresses are listed as Church Rock and Vanderwagen in state court documents.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Sentence ranges are in months. Second-degree murder has a base level of 38 (sentence range of 20 to 24 years) and the plea deal means a two-level reduction, to 36, creating a sentence range of 16 to 20 years.

 

The killing

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and Lamebear were arguing and Gertrude Livingston could “sense tension” between them. She then heard crying, which she believed was from her son hitting Lamebear. He ordered his mother out of the bedroom and she complied, Waldron wrote.

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house and heard wheezing from inside the bedroom door. At some point, she called the Navajo Police Department to report a violent “dispute,”  Waldron wrote.

Officers found Lamebear lying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to his 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported Lamebear to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

Livingston told FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie, during an interrogation, that he “took it too far, way too far.” He was angry Lamebear admitted to having sex with his friend. He also admitted to using a flashlight to beat her, Waldron wrote.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

For more details on the incident, see the case write-up

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Troy Livingston: Tyler Lamebear — 4-6-2019

 

Summary

On April 6, 2019, Troy Livingston, 18, beat his girlfriend, Tyler Lamebear, to death with his fists, feet and a flashlight after she said she had slept with one of his friends, according to court documents.

On Jan. 29, 2020, a federal grand jury indicted Livingston on a charge of first-degree murder for Lamebear’s death.

On Aug. 4, 2020, he pleaded guilty to a criminal information charging him with second-degree murder. No sentencing hearing has been set.

The incident

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and his girlfriend, Lamebear, were arguing and Gertrude Livingston could “sense tension” between them, he wrote.

Lamebear is identified as T.L. or “Jane Doe” in charging documents.

Troy Livingston

“G.L. heard crying from the bedroom and went in to see LIVINGSTON on top of Jane Doe with his fist raised,” Waldron wrote. “G.L. believes Jane Doe had already been hit because she was crying. Livingston told G.L. to get out of the bedroom which she did.”

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house. She heard wheezing from inside the bedroom door, but did not know who was wheezing, he wrote.

At some point, she called the Navajo Police Department to report a violent “dispute” between Lamebear and her son, he wrote.

About 30 minutes after she went back into the house, Navajo police officers arrived and knocked on the door. When no one answered, they looked through the windows and saw blood on the floor. The mother then opened the door. Officers could see “lots of blood on the floor between the bedroom and the bathroom,” Waldron wrote.

Officers found the girlfriend laying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to this 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported the girlfriend to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie interrogated Livingston.

“I just got mad and took it too far, way too far,” Livingston said, according to Waldron’s statement of probable cause.

Livingston also allegedly said “I still can’t believe it, I killed her,” he wrote.

“LIVINGSTON stated that he was mad at her for sleeping with his friend as Jane Doe had finally admitted to doing,” Waldron wrote. “LIVINGSTON stated he ‘just started hitting her’ and took it too far. Livingston stated he hit Jane Doe with a flashlight and also used his foot.”

Livingston allegedly said he beat her in the bedroom and bathroom, he wrote.

FBI agents searched the house and found a flashlight with blood on it and photographs of Lamebear showed circular wounds that appeared to be consistent with the end of a flashlight, he wrote.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

The indictment and plea

After waiving his right to a grand jury indictment, as well as a preliminary hearing, a federal grand jury indicted him on a charge of first-degree murder on Jan. 29, 2020.

On Aug. 4, 2020, Livingston pleaded guilty to a criminal information charging him with second-degree murder for beating Lamebear to death.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the minutes, Magistrate Judge Laura Fashing asked why the plea needed to be held so soon, and made findings as to why the plea hearing was held, but not what those findings were. The final acceptance of the plea was deferred until the sentencing hearing in front of a district court judge.

A sentencing hearing is set for Nov. 12, 2020.

Sentencing guidelines

The base offense level, per the sentencing guidelines for second-degree murder, is 38. The plea deal provides Livingston with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Livingston’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the range increases to 20 to 24 years.

According to New Mexico and federal court records, Livingston has one past criminal case, for intoxicated driving and child endangerment from March 2019. Prosecutors dismissed that the case at the magistrate level, without prejudice, on May 8, 2019 in a form dismissal and wrote that Livingston was in federal custody for “an alleged capital offense.” His past arrests or convictions in tribal court is unknown.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Sentence ranges are in months. Second-degree murder has a base level of 38 (sentence range of 20 to 24 years) and the plea deal means a two-level reduction, to 36, creating a sentence range of 16 to 20 years.

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See stories from this case

Sentencing set for Breadsprings man who beat girlfriend to death

Breadsprings man pleads to second-degree murder for beating death of girlfriend

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