Dustin Yates

A plot by two men to kill a Tyler woman was stopped by law enforcement after the suspects were arrested late last week on murder conspiracy charges.

Dustin Yates, 51, of San Marcos, and Brad McKinney, 53, of Kilgore, were booked in the Smith County Jail on felony charges, including conspiracy to commit murder and stalking.

The woman, who is an ex-girlfriend of Yates, was not physically harmed, according to the Smith County Sheriff’s Office. Yates and McKinney’s alleged detailed plans to kill her were not carried out.

Investigators learned of the case in early December when the woman contacted the Smith County Sheriff’s Office, reporting Yates had been stalking her. She told deputies she broke up with Yates over two years ago, had blocked his number and email, and filed a report with another Texas police department around March 2023 when detectives warned him not to contact her anymore. She told deputies she hadn’t heard from Yates since until October 2024, when he began to contact her again multiple times through email.

The woman decided to file a report Dec. 2 after receiving threatening messages from Yates the day before about her need to “be vigilant.” His messages noted her “predictable schedule and daily driving routes,” according to an arrest affidavit, and included a photo of one of her previous residences.

Other messages sent to the woman include, “I wonder what your expiration date is. I think it’s soon,” the arrest affidavit states. Another message said Yates would “spend whatever it takes” and “I’m going to get you, (slang expletive).”

Yates was arrested Dec. 27 on a stalking charge. During an interview without being asked, he told deputies he had no intentions to kill his ex-girlfriend and if he wanted to, he would’ve done so “months ago,” according to the affidavit. He admitted to police he wanted his ex to “be scared and looking over her shoulder.”

After being charged with stalking, the lead investigator secured a search warrant on Yates’ phone, which revealed information about the murder-for-hire plot, Smith County Sheriff Larry Smith said Tuesday morning during a press conference about the case. The swift intervention by law enforcement might have saved the victim’s life.

The arrest documents allege Yates planned to murder his ex, paid McKinney to find the woman after Yates had expressed multiple times he wanted to kill her and had plans to do so. Yates allegedly told McKinney he’d pay him $15,000 to film the kidnapping, rape and killing of his ex-girlfriend, according to the documents.

Over 740 texts about the plot were discovered by investigators, according to the affidavit. McKinney and Yates had also been meeting up in person to discuss a “project,” which is how they referred to the murder on text messages. McKinney agreed to help Yates stalk and gather information on the woman. Yates paid McKinney $1,300 to find out where the woman was working and living, the police document states.

The two then allegedly discussed a payment of $15,000 for McKinney to film the kidnapping, rape and killing of the woman, an investigator stated in the affidavit. The men discussed multiple detailed plans to commit the crime but they were both arrested before going through with the scheme.

Some of their messages included conversations about sharp knives and which bullets might hurt the most and where, the affidavit states.

On Jan. 8, investigators found texts between the men about the stalking, torture and killing of the woman. In an interview on Jan. 9, McKinney told deputies Yates told him several times he wanted to seriously hurt or kill the woman, but McKinney said he didn’t take Yates seriously and was stalking her only for the money, the affidavit read.

After picking up the stalking charge in late December, Yates was later charged Jan. 10 with conspiracy to commit murder. McKinney was arrested Jan. 11 on charges of conspiracy to commit murder and stalking. He was also booked on heft and driving while intoxicated charges.

Yates and McKinney remain in the Smith County Jail on bonds of $1.25 million each. While neither man is accused of killing a victim, they were charged with murder in the second degree.

“Murder… is first degree, capital murder is a capital offense,” Smith explained. “If you do any conspiracy to commit anything — burglary, robbery, anything — it drops it back one degree. So that’s the reason it’s a second-degree felony as opposed to a first-degree felony, between two to 20 instead of five to 99.”

If convicted of second-degree murder, the suspects face two to 20 years in prison.