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The federal courthouse in Lubbock. Jacob Spencer, of Breckenridge, who is accused of orchestrating a murder-for-hire plot targeting his stepfather, will be sentenced next week in Lubbock on a federal gun charge. (Contributed photo)
Jacob Wayne Spencer, the Breckenridge man accused of orchestrating a murder-for-hire plot targeting his stepfather, is set to be sentenced next week in federal court on a charge stemming from the alleged conspiracy.
Spencer, 45, accepted a plea deal for possessing a firearm with an obliterated serial number, one of two charges he was indicted for May 22. While also being indicted for possession of an unregistered and unserialized firearm, he only pleaded guilty to the single charge.
Stephens County Sheriff’s Office arrested Spencer after he allegedly hired a man, later identified as Walter Tarver, to kill his stepfather, Jay Marcom, in exchange for cash.
Following an April 23 tip and interviews with Tarver, agents executed a search warrant at Spencer’s home May 2, where they located a safe. Included in the safe was over $13,000 in cash and a Smith & Wesson 9-millimeter pistol with the serial number obliterated.
Tarver, who was arrested April 29 in Taylor County, provided information to investigators that pointed them to the safe and its contents, as well as a tracking device that had been placed on Marcom’s vehicle. Investigators later located the device on the vehicle in “the exact location” Tarver described, according to court documents.
Tarver was paid $10,000 and given a burner phone, as well as a firearm equipped with a silencer, with Spencer allegedly promising an additional $10,000 “upon completion of the murder.” Tarver claimed that Spencer planned to "melt down" the firearm once the murder was complete.
Tarver was released Sept. 8 from the Taylor County Jail. He was on parole at the time of his involvement, and it is currently unclear on the conditions of his release.
The federal case has moved quickly since May, with Spencer’s sentencing for the gun charge currently set for Tuesday, Oct. 14 in Lubbock.
According to the plea deal, the maximum penalty that can be imposed is imprisonment of no more than five years, a fine not to exceed $250,000, no more than three years of supervised release, a mandatory special assessment of $100, restitution to victims and costs of incarceration and supervision, and forfeiture of property.
Following his May 5 transfer from Stephens County, Spencer was released from Taylor County Jail to another agency June 3, and is currently being held in an undisclosed detention facility.
Stephens County case
Spencer’s sentencing in federal court is not the end of the road, as he was indicted on two felony charges in Stephens County in late July.
Following the recusal of District Attorney Dee Peavy, due to a conflict of interest, the court appointed Parker County District Attorney Jeff Swain as district attorney pro tem, also known as a special prosecutor.
Swain stated that after being appointed, he reviewed the file at length and consulted with the lead investigator on the case. He said the Stephens County grand jury was presented with the charges that they believed best fit the evidence.
Spencer was indicted in late July on two felony charges — criminal conspiracy and criminal solicitation to commit capital murder.
“The two offenses that were indicted are first-degree felonies punishable by five to 99 years or life in prison and a fine of up to $10,000,” Swain said. “That is the same range of punishment applicable for the offense of murder. No other charges were presented, dropped or no billed.”
Swain also said that he has assigned Parker County Assistant District Attorneys Ryan Whyte and Al Charanza to represent the state moving forward from this stage of proceedings.
“Both are experienced, talented prosecutors who will do an excellent job representing the state,” Swain said.
Spencer’s arraignment in Stephens County is set for 1 p.m. Tuesday, Oct. 23, with potential plea negotiations scheduled for Thursday, Nov. 20.
