GUILTY TX - Jason Wilder McDaniel, 2, murdered, Mother's BF James Irven Staley III charged, October 2018

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Jury seated in Amber McDaniel's punishment trial

#BREAKING A jury was selected and sworn in on Monday afternoon at the Tim Curry Criminal Justice Center in downtown Fort Worth.
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Sept. 11, 2023
FORT WORTH (KFDX/KJTL) — Amber Nichole McDaniel, who pleaded guilty to felony charges connected to the 2018 murder of her 2-year-old son will soon face a jury of 12 men and women from Tarrant County, who will determine her sentence.
[.....]
Prior to a jury being selected, a pre-trial hearing is set for 10 a.m. Jury selection is set to begin in Auxillary Trial Room E of the Tim Curry Criminal Justice Center at 1 p.m. on Monday, September 11, 2023.
[.....]
10:02 a.m. — Barber and Gillespie address pre-trial motions and issues ahead of jury selection and testimony in McDaniel’s trial. Included among these are extraneous offenses the prosecution intends to introduce into evidence, as well as redacted text messages between McDaniel and James Staley, which Barber and Gillespie notify Judge McKnight they have discussed beforehand.
[.....]
4:40 p.m. — Judge McKnight announces the jury in Amber McDaniel’s punishment trial, made up of seven women and five men, with one male alternate. The jury is sworn in by Judge McKnight. The members of the jury pool who were not selected to be on the jury were dismissed from the courtroom.
Click to expand...
Wichita Falls, Texas defense attorney Mark Barber who is representing Amber McDaniel in her punishment hearing is also the last known defense attorney for another accused murder defendant that took the life of a 2 year old little girl, Scarlett Olivia Newsom in Clay County, Texas.
Joshua Fulbright and Sarah Newsom are currently out on bond for the beating death of Newsom's toddler the same week that Jason Wilder McDaniel was killed in Wichita County, Texas.
Clay Co and Wichita County border one another.
 
www.texomashomepage.com

LIVE BLOG: State rests case in McDaniel's punishment trial

The prosecution continues to call witnesses in the punishment trial of Amber McDaniel. Refresh this story often for the latest.
www.texomashomepage.com www.texomashomepage.com

Sept. 14, 2023
FORT WORTH (KFDX/KJTL) — The prosecution will call more witnesses as it continues presenting its case to a jury of 12 Tarrant County residents in Amber Nichole McDaniel‘s sentencing trial on Thursday, September 14, 2023.
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9:00 a.m. — Tara Campisi, the mother of James Staley’s daughter, Brooklynn, is sworn in as a witness outside of the presence of the jury, though it is unclear when she will take the stand.
[.....]
9:07 a.m. — Before proceedings began, Judge McKnight informed the jury that he anticipated the trial would require a second week, likely lasting until Tuesday, September 19, 2023, however, he said it takes as long as it takes.
Judge McKnight instructs the prosecution it may call its next witness. John Gillespie, on behalf of the state, calls WFPD Sgt. Brian Sheehan to the stand.
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Judge McKnight instructed the prosecution that it may call its next witness. John Gillespie calls Tye Davis, Chief Investigator with the Wichita County District Attorney’s Office, to the stand.
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Judge McKnight released Davis from the witness stand and instructed Gillespie that the prosecution may call its next witness. Gillespie called Sgt. Marissa Cervantes to the stand.
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Judge McKnight released Sgt. Cervantes from the stand. Gillespie offered a transcript of the testimony of Shalah Wakefield, McDaniel’s sister, during the capital murder trial of James Staley. It is admitted into evidence without objection from the defense.
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2:58 p.m. — Gillespie read portions of Wakefield’s testimony from Staley’s capital murder trial to the jury.
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Gillespie rested the case for the prosecution.
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Testimony resumed at 3:20 p.m., with McDaniel’s defense attorney Mark Barber calling Martha “Bea” Staley to the stand. (sister of Staley).
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Judge McKnight released Bea Staley from the witness stand and instructed Barber that he may call his next witness. Barber called David Taylor, McDaniel’s stepfather, to the stand.
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Judge McKnight dismissed Taylor from the stand and instructed Barber that he may call his next witness. Barber called Shalah Wakefield, McDaniel’s older sister, to the stand.
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Judge McKnight released Wakefield from the stand and dismissed the jury for the day. The Court will be in recess until 9 a.m. on Friday, September 15, 2023, when testimony will resume with the defense calling its next witness.
 
Friday, Sept. 15th:
*Jury Trial continues for Sentencing (Day 5) (@ 9am CT) - TX - *Jason Wilder McDaniel (2) murdered on October 11, 2018, Wichita Falls) - *Amber Nichole McDaniel (28 @ time of crime/31/now 33) aka Amber Odom, mother charged & indicted (7/22/21) & arraigned (8/6/21) with abandon/endangering a child & tampering with physical evidence in connection with incidents 10/11/18, the day her son was discovered dead. Amber was free Thursday from Wichita County Jail on $60K bond. Tampering with physical evidence charge dismissed 7/30/21.
Trial was set to begin on 9/11/23 was cancelled as McDaniel plead guilty. Jury trial selection for sentencing began & ended on 9/11/23. Jury: 7 women & 5 men.
Trial began on 9/12/23. Prosecutors rested their case on 9/14/23.
Judge Jeff McKnight presiding.
Wichita County DA John Gillespie is the lead prosecutor, assisted by Chief Felony Prosecutor Kyle Lessor. Wichita Falls defense attorney Mark Barber.
Case & court info from 8/5/21 thru 9/6/23 & Jury Selection (9/11/23) & Trial Day 1-3 (9/11-9/13/23) reference post #119 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-6
9/14/23 Thursday, Trial Day 4: State witnesses: Tara Campisi, the mother of James Staley’s daughter, Brooklynn. WFPD Sgt. Brian Sheehan. Tye Davis, Chief Investigator with the Wichita County District Attorney’s Office. Sgt. Marissa Cervantes.
DA Gillespie offered a transcript of the testimony of Shalah Wakefield, McDaniel’s sister, during the capital murder trial of James Staley. It is admitted into evidence without objection from the defense. 2:58 p.m. — Gillespie read portions of Wakefield’s testimony from Staley’s capital murder trial to the jury.
DA Gillespie rested the case for the prosecution.
Defense witnesses: Martha “Bea” Staley, sister of Staley. David Taylor, McDaniel’s stepfather. Shalah Wakefield, McDaniel’s older sister.
For more info see post #122 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
Trial continues on Friday, 9/15/23 when testimony will resume with the defense calling its next witness.
 
Last edited:
Monday, Sept. 18th:
*Jury Trial continues for Sentencing (Day 6) (@ 9am CT) - TX - *Jason Wilder McDaniel (2) murdered on October 11, 2018, Wichita Falls) - *Amber Nichole McDaniel (28 @ time of crime/31/now 33) aka Amber Odom, mother charged & indicted (7/22/21) & arraigned (8/6/21) with abandon/endangering a child & tampering with physical evidence in connection with incidents 10/11/18, the day her son was discovered dead. Amber was free Thursday from Wichita County Jail on $60K bond. Tampering with physical evidence charge dismissed 7/30/21.
Trial was set to begin on 9/11/23 was cancelled as McDaniel plead guilty. Jury trial selection for sentencing began & ended on 9/11/23.
Jury: 7 women & 5 men.
Trial began on 9/12/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/14/23.
Judge Jeff McKnight presiding.
Wichita County DA John Gillespie is the lead prosecutor, assisted by Chief Felony Prosecutor Kyle Lessor. Wichita Falls defense attorney Mark Barber.
Case & court info from 8/5/21 thru 9/6/23 & Jury Selection (9/11/23) & Trial Day 1-4 (9/11-9/14/23) reference post #123 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
9/15/23 Friday, Trial Day 5: Defense witnesses: James Staley’s ex, Tara Campisi. Karen Burke, Robert “Bubba” McDaniel’s mother. Prosecuting attorney Lisa Tanner. WFPD officer Jesse Bartow. Detective Chad Nelson. Bubba McDaniel’s sister, Courtney Bachman.
Arguments closed at approximately 4pm today. The defense has not yet rested
For more info see post #124 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
Trial continues on Monday, 9/18/23.
 
eu.timesrecordnews.com

Day 5 Live Blog Amber McDaniel trial: State and prosecution rest

The defense finished presenting testimony Monday in the punishment trial of Amber McDaniel. Closing arguments are expected Tuesday morning.
eu.timesrecordnews.com

Sept. 18, 2023 - 12 hours ago.

FORT WORTH, Texas — James Irven Staley III had finely honed his skills in the twisted arts of manipulation, control and abuse by the time he met Amber Nichole McDaniel and Jason Wilder McDaniel, her 2-year-old son, in 2018.

More than one woman testified last week that Staley is one of a kind. It wasn't a compliment.
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The defense and prosecution rested Monday. The jury is expected to hear closing arguments Tuesday morning and then deliberate on Amber's sentences.
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9:25 a.m. Courtney Bachman, Amber's sister-in-law, read part of the transcript from Staley's capital murder trial with Barber. Bachman reads Amber's testimony, and Barber reads questions from Special Prosecutor Lisa Tanner.
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9:29 a.m. Dina Taylor, Amber's mother, was called to the witness stand.

She told the jury about Amber being exposed to her ex-husband Scott Odom's drinking and abuse growing up. Amber was 7 when her parents separated.
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10:44 a.m. The judge sent the jury out on a break, and Amber took the stand in relation to whether or not she would waive the Fifth Amendment and testify in her own defense.
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11:02 a.m. The defense rested.
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11:03 a.m. Gillespie recalled Courtney Bachman and grilled her about Facebook status updates she posted that were negative toward Amber.

Bachman, Amber's sister-in-law, testified that she shouldn't have made the negative posts. Her nephew had just died, and she was posting out of emotion.
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11:30 a.m. The jury heard a voice mail message Amber left for Detective Chad Nelson on Jan. 11, 2019.
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11:36 a.m. The state and the prosecution closed their cases.

McKnight told the jury the trial was ahead of schedule, and there were some things that needed to be done. He said they were dismissed until 9 a.m. Tuesday morning when they would hear closing arguments.
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12:14 p.m. McKnight broke the silence in court and asked about the charge. He had already sent the jury home.

With all the evidence from the defense and prosecution presented, both sides and the judge worked on the charge.

It will provide specific instructions to jurors about issues they must determine and the laws in the case, according to the Texas Judicial System.
 
Tuesday, Sept. 19th:
*Jury Trial continues for Sentencing (Day 7)-CLOSING ARGUMENTS! (@ 9am CT) - TX - *Jason Wilder McDaniel (2) murdered on October 11, 2018, Wichita Falls) - *Amber Nichole McDaniel (28 @ time of crime/31/now 33) aka Amber Odom, mother charged & indicted (7/22/21) & arraigned (8/6/21) with abandon/endangering a child & tampering with physical evidence in connection with incidents 10/11/18, the day her son was discovered dead. Amber was free Thursday from Wichita County Jail on $60K bond. Tampering with physical evidence charge dismissed 7/30/21.
Trial was set to begin on 9/11/23 was cancelled as McDaniel plead guilty. Jury trial selection for sentencing began & ended on 9/11/23.
Jury: 7 women & 5 men.
Trial began on 9/12/23. Prosecutors rested their case on 9/14 & 9/15/23. Defense began their case on 9/14/23 & ended 9/15/23.
Judge Jeff McKnight presiding.
Wichita County DA John Gillespie is the lead prosecutor, assisted by Chief Felony Prosecutor Kyle Lessor. Wichita Falls defense attorney Mark Barber.
Case & court info from 8/5/21 thru 9/6/23 & Jury Selection (9/11/23) & Trial Day 1-5 (9/11-9/15/23) reference post #125 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
9/18/23 Monday, Trial Day 6: Defense witnesses: Courtney Bachman, Amber's sister-in-law, read part of the transcript from Staley's capital murder trial with Barber. Dina Taylor, Amber's mother. Amber McDaniel.
Defense rested their case.
State witness: Recalled Courtney Bachman, Amber's sister-in-law.
The state & the prosecution closed their cases.
For more info see post #126 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
Judge McKnight told the jury the trial was ahead of schedule, and there were some things that needed to be done. He said they were dismissed until 9am Tuesday morning when they would hear closing arguments. Trial continues on Tuesday, 9/19/23.
 
eu.timesrecordnews.com

Day 6 Live Blog Amber McDaniel Trial: Jury returns a punishment verdict

A jury returned a punishment verdict for Amber Nichole McDaniel on Tuesday.
eu.timesrecordnews.com

Sept. 19, 2023

11:32 a.m. Mcknight said he got a note from the jury asking if the sentences will be served concurrently.
[.....]
12:12 p.m. McKnight said the jury had a question.

Amber and her lawyer came back into court, and Gillespie returned.

McKnight told them that he got a note from jurors asking if they can set probation time and conditions. McKnight said his response will be that jurors have the applicable law.

There are no objections from Gillespie and Barber.
[.....]
1:33 p.m. A buzzer sounded in the court.

It might mean the jury has reached a punishment verdict.
[.....]
1:40 p.m. The jury returned with the verdict.

The jury assessed her two years for endangering a child and five years behind bars for tampering with evidence.

They recommended the sentence be suspended for the tampering charge and Amber be put on probation instead.

It will be up to McKnight to follow their recommendation or not.
[.....]
1:48 p.m. The judge returned.

He said based on the circumstances of the case and that the trial was not in the home county, he will declare her bond insufficient and she will be remanded to the custody of Tarrant County.

McKnight told Amber that she will be held without bond at this time. She does have the right to appeal.
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1:52 p.m. The judge sets date for 9 a.m. Monday, 9/25/23 for Amber's formal sentencing.
 
Docket update:

Events & Hearings
09/11/2023 Jury Trial
Judicial Officer: McKnight, Jeff
Hearing Time: 9:00 AM

09/11/2023 Motion in Limine
Motion in Limine

09/11/2023 Order on Motion in Limine
Order on Motion in Limine
Judicial Officer: McKnight, Jeff

09/14/2023 Application for Subpoena
Amber mcdaniel sub robert mcdaniel.pdf

09/15/2023 Subpoena Return
Amber McDaniel Sub Return Amanda Vickers.pdf

09/15/2023 Subpoena Return
Amber McDaniel sub return c.r PD.pdf

09/15/2023 Subpoena Return
Amber Mcdaniel sub return c.r jail.pdf

09/15/2023 Subpoena Return
Amber Mcdaniel sub return Jessica.pdf

09/18/2023 Subpoena Return
Mcdaniel Sub Robert Mcdaniel.pdf

09/18/2023 Charge & Verdict (Courts Charge on Punishment)
Charge & Verdict (Courts Charge on Punishment)

09/19/2023 Order Declaring Bond Insufficient (OCA)
Order Declaring Bond Insufficient (OCA)

09/19/2023 Alias Capias

09/19/2023 Bench Warrant

09/20/2023 Confirmation of Setting

09/20/2023 Confirmation of Setting
Confirmation of Setting Date

09/20/2023 Exhibit List
Exhibit List

09/25/2023 Sentencing Hearing
Confirmation of Setting Date
Judicial Officer: McKnight, Jeff
Hearing Time: 09:00 AM

link: Wichita County Odyssey Portal
 
The jury recommended McDaniel serve 2 years State Jail for the child engagement and 5 years probation for the tampering with evidence charges.
 
Monday, Sept. 25th:
*Sentencing Hearing (@ 9am CT) - TX - *Jason Wilder McDaniel (2) murdered on October 11, 2018, Wichita Falls) - *Amber Nichole McDaniel (28 @ time of crime/31/now 33) aka Amber Odom, mother charged & indicted (7/22/21) & arraigned (8/6/21) with abandon/endangering a child & tampering with physical evidence in connection with incidents 10/11/18, the day her son was discovered dead. Amber was free Thursday from Wichita County Jail on $60K bond. Tampering with physical evidence charge dismissed 7/30/21.
Trial was set to begin on 9/11/23 was cancelled as McDaniel plead guilty. Jury trial selection for sentencing began & ended on 9/11/23.
Jury: 7 women & 5 men. Jury deliberated from ~11am to ~1:30pm – total deliberations: ~2 ½ hours.
Trial began on 9/12/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/14/23 & ended 9/15/23.
Judge Jeff McKnight presiding.
Wichita County DA John Gillespie is the lead prosecutor, assisted by Chief Felony Prosecutor Kyle Lessor. Wichita Falls defense attorney Mark Barber.
Case & court info from 8/5/21 thru 9/6/23 & Jury Selection (9/11/23) & Trial Day 1-6 (9/11-9/18/23) reference post #127 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
9/11/23: Motion in Limine. Order on Motion in Limine. 9/14/23: Application for subpoena for Robert McDaniel. 9/15/23: Subpoena return Amanda Vickers. & C.r PD, C.r jail, Jessica & Robert McDaniel on 9/18/23. 9/18/23: Charge & Verdict-Courts charge on punishment. 9/19/23: Order declaring bond insufficient. Alias Capias. Bench warrant. 9/20/23: Confirmation of setting date. Exhibit list. Next sentencing hearing on 9/25/23 @ 9am.
9/19/23 Tuesday, Trial Day 7: Judge McKnight read the jury its charge. Closing arguments by Wichita County District Attorney John Gillespie & the defense attorney Mark Barber.
Verdict Watch Day 1: Jury started deliberations about 11am. Jury reached a verdict at about 1:30pm. The jury assessed her two years for endangering a child & five years behind bars for tampering with evidence. They recommended the sentence be suspended for the tampering charge & Amber be put on probation instead. In other words - serve 2 years State Jail for the child engagement & 5 years probation for the tampering with evidence charges. Judge McKnight sets date for 9am on Monday, 9/25/23 for Amber's formal sentencing.
For more info see post #128 & 129 here:
https://www.websleuths.com/forums/t...staley-iii-charged-october-2018.637742/page-7
*James Irven Staley III (38 @ time of crime/40/now 41) - Trial started 2/27/23 & ended 3/13/23. Staley has been found guilty of capital murder for the 2018 killing of Wilder McDaniel. Staley was sentenced to life in prison without parole. Filed appeal on 3/13/23. 4/13/23: Staley was transferred TDCJ John Middleton Unit in Abilene.
 
Oops - never mind - looked at the court site which is already updated.

Events & Hearings:
09/25/2023 Sentencing Hearing
Confirmation of Setting Date
Judicial Officer: McKnight, Jeff
Hearing Time: 09:00 AM

09/25/2023 Judgment
Judgment - Two (2) Years TDCJ, CID-State jail.
Judicial Officer: McKnight, Jeff

09/25/2023 Court's Admonition Ineligibility Possess Firearms/Ammunition
Court's Admonition Ineligibility Possess Firearms/Ammunition

09/25/2023 Trial Court's Certification of Defendant's Right to Appeal
Trial Court's Certification of Defendant's Right to Appeal

link: Wichita County Odyssey Portal


Not too sure what the TDCJ means...
 
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