AUTHOR’S NOTE: This story will be updated frequently throughout proceedings in the punishment trial of Amber McDaniel. Refresh this page often for the latest.
TARRANT COUNTY (KFDX/KJTL) — With a jury of 12 Tarrant County residents seated, the testimony phase of Amber Nichole McDaniel‘s sentencing trial is now underway in Auxiliary Trial Room E in the Tim Curry Criminal Justice Center in Fort Worth.
McDaniel, 33, of Wichita Falls, pleaded guilty in April 2023 to the felony charges of endangering a child and tampering with evidence related to the 2018 murder of her 2-year-old son Jason Wilder McDaniel. She faces a sentence ranging from probation to more than a decade behind bars.
Proceedings began on Monday, September 11, 2023, with a pre-trial hearing at 10 a.m. followed by jury selection beginning at 1 p.m. A jury of five men and seven women was seated before the court was adjourned to recess on Monday afternoon.
On Tuesday, the testimony phase of the trial began at 9 a.m. with opening statements from the prosecution and the defense. Following opening statements, the prosecution will call its first witness to the stand.
30th District Court Judge Jeff McKnight will preside over the trial, with Wichita County District Attorney John Gillespie serving as lead prosecutor and Mark Barber serving as the defense attorney for McDaniel.
A running live blog of proceedings on Tuesday, September 12, 2023, in the punishment trial of Amber McDaniel can be found below.
Judge McKnight excuses Detective Fowler from the witness stand for the day and notifies him that he may be subject to being recalled during later proceedings.
Judge McKnight excuses the jury for the day. The Court will be in recess until 9:00 a.m. on Wednesday, September 13, 2023, when testimony is set to resume.
4:43 p.m. — Barber again asked Detective Fowler if the WFPD had enough evidence to charge Staley with Wilder’s murder before the text messages on Staley’s phone were retrieved, and he testified that they did.
Gillespie passes the witness back to Barber for further cross-examination.
4:42 p.m. — Gillespie asked Detective Fowler if the WFPD ever stopped investigating Wilder’s death at any point, and he testified they had not. He testified that he personally spent a lot of man-hours on the case.
Barber passes the witness back to Gillespie for further questioning.
4:41 p.m. — Barber asked Detective Fowler if hindsight is 20-20, and he testified it was. Barber asked Detective Fowler if it was possible for someone who was emotionally and sexually involved with another person to not see things clearly while in that situation, and he testified it was.
Gillespie passes the witness back to Barber for further cross-examination.
4:39 p.m. — Gillespie offered a photograph of McDaniel wearing apparel for the “Justice For Wilder” campaign with the words “We demand justice” on the front into evidence. After one question from Barber, it was admitted into evidence without objection.
4:38 p.m. — Detective Fowler testified that based on the signed confession from McDaniel, she knew she was tampering with evidence and endangering Wilder by allowing him to be around Staley and that there was not open for interpretation.
4:35 p.m. — Gillespie offered McDaniel’s signed judicial confessions on the two charges to which she pled guilty in April 2023 and again Monday morning into evidence. Both documents were admitted without objection from the defense.
4:32 p.m. — Detective Fowler testified that he was shocked when he saw the text messages between Staley and McDaniel. He testified that he couldn’t believe a mother was allowing those things to be said about her child.
4:31 p.m. — Detective Fowler testified that McDaniel had lied during an interview with the Wichita Falls Police Department.
Barber passes the witness back to Gillespie for further questioning.
4:29 p.m. — Detective Fowler testified that Staley’s phone was sent off to be processed for evidence on November 4, 2020, nearly a month after Staley was arrested. Detective Fowler testified that Staley was indeed arrested without the evidence taken from Staley’s phone. Detective Fowler testified that McDaniel was interviewed six times of her own free will during the investigation into Wilder’s death.
4:26 p.m. — Detective Fowler testified that in September 2020, Dr. Suzanne Dakil, a child abuse pediatrician, gave her opinion on the results of Wilder’s autopsy. He testified that Staley was arrested for Wilder’s murder on October 8, 2020. Barber asked Detective Fowler if text messages had been retrieved from Staley’s phone at the time of his arrest, and Detective Fowler testified they had not. Barber suggested that the lack of text messages appeared not to be a key piece of evidence holding up the investigation into Wilder’s death.
4:20 p.m. — Detective Fowler testified that the case of Wilder’s death was moved to the cold case unit just nine months later. He testified that at the time when the case was transferred, text messages had not yet been recovered from Staley’s phone.
4:15 p.m. — Detective Fowler testified that McDaniel told him during an interview that she believed Staley was joking when he said he was going to punch Wilder in the face. Detective Fowler testified that throughout the text messages, there were multiple examples of McDaniel expressing her love for Wilder.
4:12 p.m. — Detective Fowler testified that throughout Staley and McDaniel’s text message history, both Staley and McDaniel say they’re joking, send laughing emojis, and send texts saying they were just joking. He testified that he does not know Staley and only knows McDaniel through this case. He testified that McDaniel would possibly be the one who would know if Staley was joking or not. He testified he did not know what kind of sense of humor Staley had.
4:10 p.m. — Barber asked Detective Fowler if he saw text messages from McDaniel stating she missed Wilder after dropping him off at daycare. Detective Fowler testified he did.
Gillespie passes the witness to Mark Barber, McDaniel’s defense attorney, for cross-examination of Detective Fowler.
4:04 p.m. — Gillespie offered several photographs of Staley’s former residence on Irving Place in Wichita Falls that were later admitted into evidence without objection from the defense. Detective Fowler testified that after Wilder’s murder, a second search warrant of Staley’s residence was conducted on October 22, 2018.
4:01 p.m. — Gillespie offered a video taken from Staley’s phone into evidence that is later admitted by Judge McKnight with no objection from the defense. The video, taken by Staley on September 1, 2018, and sent to McDaniel, is shown to the court depicting Wilder with bruising on his forehead being held by Staley. As soon as the video began to play in the courtroom, McDaniel became visibly emotional and began to cry. Staley asked Wilder if he fell off the bed, and he said yeah. Later in the video, Staley asked Wilder if he loved his mama, and Wilder said yeah. McDaniel continued crying throughout the video. This video was also shown during Staley’s capital murder trial, during which time Gillespie referred to the video as, “The Hostage Video.”
3:56 p.m. — Detective Fowler testified that if Staley had deleted the text messages from his phone too, the messages might have been lost forever. He testified that the text messages were key pieces of evidence for the WFPD when building a case against Wilder’s killer and that not having the text messages earlier delayed their investigation.
3:53 p.m. — Detective Fowler testified that the text messages would have been helpful in their investigation into Wilder’s death. He testified that the text messages that followed the factory reset would also have been helpful in determining Staley’s state of mind and attitude toward Wilder, and his state of mind on the night Wilder was murdered.
3:51 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from October 10, 2018, at around 8 p.m. McDaniel was purchasing something from the store for Staley, who asked her to purchase a large amount that she couldn’t carry. Staley told McDaniel to “have that little [expletive] carry it.”
3:48 p.m. — An exchange between Staley and McDaniel from October 10, 2018, at 8:55 a.m., is read by Detective Fowler and Carlton. This is the day before Wilder’s deceased body was discovered in Staley’s residence.
3:45 p.m. — Testimony resumed with Detective Fowler and Carlton reading an exchange between Staley and McDaniel from October 9, 2018. In this text message, Staley said he “really did love that dumb little [racial slur],” then called him an explicit term.
Judge McKnight dismissed the jury at 3:20 p.m. for their afternoon break. The Court will be in recess until 3:40 p.m. at which time testimony will resume.
3:16 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from October 5 and 6, 2018, in which Staley became angry after having to change Wilder’s diaper during the early morning hours. Staley told Amber to get her and Wilder’s things and move out of the house.
3:14 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from October 4, 2018, exactly one week before Wilder’s body was discovered in Staley’s home. During the exchange, Staley asked McDaniel how [racial slur] boy was being. McDaniel responded that he was being an “extra person of color”.
3:08 p.m. — Detective Fowler and Carlton read a text message exchange that took place after McDaniel’s phone underwent a factory reset. During this exchange, Staley made a comment that he and McDaniel will have more kids and maybe Wilder will get SIDS. McDaniel responded with a text telling Staley not to say that. Gillespie asked Detective Fowler if McDaniel mentioned that comment being made after her son’s death. Detective Fowler testified that she did not.
3:03 p.m. — Detective Fowler and Carlton read a text message exchange from late September, in which Staley told McDaniel it was trash day. McDaniel responded and suggested they throw Wilder away.
2:59 p.m. — Gillespie questioned Detective Fowler about the text messages sent from Staley that he is reading from the stand, uncensored, with all profanities and slurs included. Gillespie asked if it was easy for him to read or to say out loud. Detective Fowler testified that it was not.
2:51 p.m. — Gillespie questioned Detective Fowler regarding a text exchange between Staley and McDaniel on September 26, 2018. McDaniel sent a message to Staley that she had to perform a factory reset on her phone on this date, deleting all data on her phone prior to this date, including text messages. Detective Fowler confirmed a factory reset had been performed.
2:43 p.m. — Detective Fowler and Carlton continue reading text messages between Staley and McDaniel. Messages from Staley appear to become more profane and negative toward Wilder as time goes on.
2:36 p.m. — Gillespie questioned Detective Fowler about a specific phrase that came up in a text conversation between Staley and McDaniel on September 6, 2018. Detective Fowler testified that Wilder saying “No James” was first referenced in their text message exchanges on this date, about five weeks after the beginning of their relationship.
2:29 p.m. — Detective Fowler and Carlton continue to read the lengthy exchange between McDaniel and Staley that took place on September 1 and 2, 2018. Staley continues to become more and more angry as the text message exchange goes on. At one point, Staley called McDaniel several degrading names.
2:26 p.m. — During Staley’s capital murder trial, it was revealed that Wilder in fact did not fall off the bed on September 1, 2018, A video was shown during that trial that likely occurred on or around September 1, 2018. In the video, Staley hid behind a couch Wilder was sleeping on, then slapped the 2-year-old as hard as he could in the face.
2:23 p.m. — Detective Fowler read a string of text messages sent to McDaniel on September 1 and 2, 2018, in which Staley claimed Wilder fell off the bed and got a “shiner” on his head. As McDaniel, who was working at her bartending job at the time, fails to respond, Staley appears to grow more and more irate, eventually threatening to break up with McDaniel if she doesn’t quit the bartending job, and then buy the bar where she works and burn it down. Staley also offered to pay McDaniel $20,000 to quit her job.
2:17 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 29, 2018, in which Staley said he could use unopened macaroni and cheese to tie Wilder up and beat him. “Hahaha shut up,” McDaniel responded.
2:15 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 27, 2018, in which Staley told McDaniel that they “have no problems except for that [expletive] kid.”
2:13 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 24, 2018, in which Staley asked McDaniel if they could beat Wilder for fun.
2:08 p.m. — At various times as text messages were being read, Gillespie entered more demonstrative foam board examples of the text messages into evidence.
2:05 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 24, 2018, in which Staley told McDaniel that he wanted to beat Wilder when he was acting like a [racial slur]. Detective Fowler testified that the relationship had been going on for about a month at this point.
1:50 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 23, 2018, in which the two are discussing a potential sleeping arrangement for Wilder inside Staley’s home. Staley expressed frustration that Wilder would get out of bed and climb into the bed the two shared.
1:40 p.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 22, 2018, in which Staley continued to refer to Wilder in a derogatory manor.
1:30 p.m. — Testimony resumed in Auxiliary Trial Room E in the punishment trial of Amber McDaniel. Detective Tanner Fowler with the WFPD is still on the stand, testifying on behalf of the prosecution and reading selected text messages that were obtained from James Staley’s phone. Chelsea Carlton with the Wichita County District Attorney’s Office is assisting with his testimony by reading text messages sent from McDaniel.
Judge McKnight dismisses the jury from the courtroom for a lunch break. The Court will be in recess until 1:30 p.m. when testimony is set to resume.
11:58 a.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel from August 22, 2018, in which Staley refers to Wilder as a snake and a wild animal, and states he “should’ve punched him in the face and kicked him to the floor”.
11:53 a.m. — Detective Fowler read a profanity-laced message regarding Wilder, in which he again refers to Wilder by a racial slur and later calls him a “special needs autistic kid.”
11:50 a.m. — Detective Fowler and Carlton continue reading messages between Staley and McDaniel, from August 22, 2018, in which Staley suggests he and McDaniel should pull a prank on Wilder that involves leaving him in a fake adoption agency.
11:45 a.m. — Gillespie entered six foam boards into evidence, with no objection from the defense. The foam boards each contain representations of excerpts taken from some of the text messages that have been read during Detective Fowler’s testimony.
11:42 a.m. — As Detective Fowler and Carlton continue reading messages between Staley and McDaniel, several references are made to a “tinderbox” inside Staley’s home, as well as putting Wilder in the tinderbox. Gillespie asked Detective Fowler if, during the investigation, a tinderbox was located in Staley’s home. Detective Fowler said there was one.
11:35 a.m. — Many of the text messages being read by Detective Fowler and Carlton in open court were the same messages read in open court during Staley’s capital murder trial.
11:30 a.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel in which Staley said he wants to buy a cage to put Wilder in, a shock collar for Wilder, and a dog to “beat the [explitive] out of when Wilder’s bad”, after which he quickly said he was kidding, and McDaniel laughed, responding with dark humor.
11:25 a.m. — Detective Fowler and Carlton read an exchange between Staley and McDaniel in which Staley refers to Wilder with racial and homophobic slurs. McDaniel’s response to the text message is laughing emojis or laughter.
11:20 a.m. — Detective Fowler and Carlton continue reading the exchange between Staley and McDaniel from August 7, 2018. Staley continuously refers to Wilder with multiple expletives, saying, “I can’t do another guy’s kid. Maybe I can, but not your kid.”
11:15 a.m. — Gillespie directed Detective Fowler and Carlton to begin reading an exchange that took place on the evening of August 7, 2018. In this exchange, Staley refers to Wilder as a “whiny kid” and begins to speak negatively about the child. The messages appear to show Staley and McDaniel on the verge of a breakup.
11:08 a.m. — Gillespie directed Detective Fowler and Carlton to move ahead in the text messages to an exchange that took place in August 2018, in which Staley and McDaniel discuss their co-parenting situations with their ex-partners.
11:06 a.m. — Detective Fowler and Carlton read messages in which Staley and McDaniel discuss their budding relationship as well as their children. Detective Fowler testified that these text messages were exchanged in July 2018.
11:01 a.m. — Detective Fowler and Carlton read messages referencing Wilder. Detective Fowler read a message from Staley in which he expressed fondness for Wilder.
10:57 a.m. — Detective Fowler and Carlton read text messages from early in the relationship between Staley and McDaniel, depicting pleasant conversations that took place during the first few weeks of their brief relationship. Detective Fowler testified that a lot of banter took place between Staley and McDaniel during the early parts of their relationship.
10:54 a.m. — Gillespie instructs text messages to be read in open court. Detective Fowler reads messages sent by Staley from the stand. Chelsea Carlton with the Wichita County District Attorney’s Office sits down next to Gillespie and reads the messages sent by McDaniel.
10:52 a.m. — Gillespie entered the text messages into evidence without any objection from the defense.
10:49 a.m. — Testimony resumed, with Detective Fowler still on the stand. Fowler testified that the text messages recovered from Staley’s phone were placed in an Excel document by an expert with the WFPD. Gillespie passed out aides to members of the jury. Each member of the jury received a binder containing spreadsheets with the text messages.
Judge McKnight dismisses the jury for a mid-morning break. The Court will be in recess until about 10:45 a.m. when testimony is set to resume.
10:29 a.m. — Detective Fowler testified that he later learned that McDaniel had destroyed a key piece of evidence and lied to police about it.
10:28 a.m. — Detective Fowler testified that Staley’s phone was also seized, but Staley did not provide a passcode. He testified that a Secret Service Lab in San Antonio was able to help the WFPD “hack” the phone and find 9,751 text messages between Staley and McDaniel.
10:26 a.m. — Detective Fowler testified that electronic devices were another hurdle in the investigation into Wilder’s death. He testified that he specializes in electronics. He testified that McDaniel gave her phone to the WFPD in the weeks following Wilder’s death, and her phone had no text messages between her and Staley.
10:24 a.m. — Detective Fowler testified that the investigation into Wilder’s death had many hurdles, other than the autopsy results. He testified that there was no eyewitness to Wilder’s death, and only Staley and McDaniel had access to Wilder at the time of his death.
10:20 a.m. — Detective Fowler testified that he is aware that the autopsy ruled Wilder’s manner of death to be undetermined, but that ultimately it does not prevent prosecution.
10:15 a.m. — Detective Fowler testified that he was assigned to investigate the death of Wilder McDaniel in October 2018. He testified that he also took the stand in Staley’s capital murder trial in March 2023. He testified that Staley was convicted of capital murder for Wilder’s death.
Gillespie calls Tanner Fowler, a Crimes Against Persons Detective with the Wichita Falls Police Department, to the stand. Judge McKnight said Fowler has previously been sworn in as a witness and Gillespie may proceed with questioning.
10:12 a.m. — Gillespie admitted the medical examiner’s report and autopsy findings into evidence with no objection from the defense. He then read the report and findings to the jury.
Judge McKnight informs Gillespie that the prosecution may call its first witness.
10:05 a.m. — Barber asks the jury to consider whether McDaniel, her son, Phoenix, her deceased son, Wilder, or her other family members would want to see her behind bars when considering her punishment. He thanks the jury for their service in this trial.
10:05 a.m. — Barber tells the jury that McDaniel is again waiving her Fifth Amendment right and will testify during her punishment trial. He asks the jury to wait until McDaniel’s testimony to make any assumptions regarding the text messages between Staley and McDaniel.
10:04 a.m. — Barber tells the jury that McDaniel did not have an easy upbringing, that she was abused as a child and raped on prom night in high school. He tells the jury that McDaniel is “in prison in her mind every day” following Wilder’s death.
10:02 a.m. — Barber tells the jury that after Wilder’s death, McDaniel became suicidal, and her family was concerned for her wellbeing. He tells the jury that the birth of her and Bubba McDaniel’s son, Phoenix, helped her overcome that state of mind.
10:00 a.m. — Barber tells the jury that McDaniel “could’ve taken the Fifth Amendment, but she didn’t want it. She wanted justice for Wilder.”
9:58 a.m. — Barber tells the jury, “What Mr. Gillespie failed to tell you is that in February 2020, Sgt. Shehan said this was going to be a cold case,” suggesting the delay in recovering the text messages from McDaniel and Staley was not the only factor in the delay in the investigation.
9:56 a.m. — Barber tells the jury that McDaniel was in fact cooperative with law enforcement during their investigation into Wilder’s death. He tells the jury McDaniel took and passed a polygraph test and was interviewed six times without invoking her Fifth Amendment right.
9:53 a.m. — Barber disputes a claim made by Gillespie regarding the text messages between Staley and McDaniel. He tells the jury that Gillespie was taking the text messages out of context and leaving out parts of certain messages. He tells the jury Staley would often send messages directed at Wilder to get under McDaniel’s skin.
9:51 a.m. — Barber tells the jury that McDaniel did not have a hand in Wilder’s murder. He said Staley had a “dark sense of humor”, something referenced by Staley’s defense team during his capital murder trial.
Gillespie concludes his opening statement. Judge McKnight instructs Mark Barber, McDaniel’s defense attorney, that he may make his opening statement.
9:48 a.m. — Gillespie tells the jury that McDaniel played the victim and misled the public through the social media campaign, crying out for “Justice For Wilder”. Gillespie tells the jury that this trial is ultimately about determining McDaniel’s punishment and finding true justice for Wilder.
9:47 a.m. — Gillespie tells the jury that the trial is about a mother who “receives all those texts… and provides her boyfriend access to her toddler… This is about a mother who then hides the abuse and continues to subject her toddler to go to that man’s house, a man that her little boy is afraid of.”
9:45 a.m. — Gillespie tells the jury that Staley was convicted of Wilder’s murder in March 2023 and that this trial isn’t primarily about Staley, but McDaniel. He tells the jury that McDaniel did testify during Staley’s trial without immunity or a deal on the table, but after deceiving the public, it was the least she could’ve done.
9:41 a.m. — Gillespie tells the jury that McDaniel “…not only manipulated her family members when she was with the rich guy but the manipulation extended to the public”, and that McDaniel “was more concerned with her image… than helping the police with their investigation” into Wilder’s death.
9:38 a.m. — Gillespie tells the jury about the “Justice For Wilder” campaign that was started shortly after Wilder’s death. He tells the jury that the campaign claimed that law enforcement wasn’t doing enough to investigate Wilder’s death, when all the while, McDaniel was withholding evidence.
9:36 a.m. — Gillespie tells the jury about WFPD Detective Chad Nelson, who is set to take the stand during McDaniel’s trial, and how Wilder’s death was his first homicide investigation. He suggested Nelson should’ve been more aggressive in questioning McDaniel after Wilder’s death because people “like her” hide things.
9:35 a.m. — Gillespie tells the jury about the morning of October 11, 2018, the day Wilder was found deceased. He tells the jury about blood that was found on a pillow in the crib where Wilder was sleeping, indicating a struggle. He tells the jury about an interview between McDaniel and police, during which McDaniel didn’t tell authorities about the derogatory and hateful text messages from Staley regarding Wilder.
9:32 a.m. — Gillespie tells the jury about the night of October 10, 2018, the night before Wilder was found deceased inside of Staley’s home. He tells the jury about an argument between Staley and McDaniel, of which Wilder is the subject.
9:30 a.m. — Gillespie tells the jury of a series of events that took place in the days preceding Wilder’s death on October 11, 2018, including a text message in which Staley said to McDaniel, “maybe he will get SIDS”, or sudden infant death syndrome.
9:25 a.m. — Gillespie tells the jury that of all the people who heard Wilder say, “No James” during the early stages of Staley and McDaniel’s relationship, McDaniel was the one who “knew the full picture”, yet she still allowed Staley to be around Wilder. McDaniel is observed shaking and sniffling, apparently crying.
9:23 a.m. — Gillespie tells the jury that McDaniel either ignored, excused, or participated in the derogatory text messages from Staley regarding Wilder. The text messages Gillespie references are explicit in nature.
9:21 a.m. — Gillespie tells the jury that text messages between Staley and McDaniel will be reviewed to begin the testimony phase. Many of the text messages that were first admitted into evidence during the Staley capital murder trial and will later be admitted during McDaniel’s punishment trial are referenced by Gillespie. As Gillespie brings up the text messages from Staley, McDaniel is observed with her left hand on her temple and looking down.
9:16 a.m. — Gillespie begins presenting a summary of the state’s case to the jury, recapping many details leading up to the death of Wilder in October 2018 that were also mentioned during the capital murder trial of James Irven Staley, III. “This case is about how a child’s cries for help fell on his mother’s deaf ears and ultimately resulted in his murder,” Gillespie said.
Judge McKnight instructs the prosecution they may make an opening statement.
9:08 a.m. — Gillespie reads the indictment by which McDaniel is charged. With a shaky voice, McDaniel pleads guilty on both counts of endangering a child and tampering with evidence.
9:05 a.m. — Judge McKnight calls the jury into the courtroom. The prosecution, represented by John Gillespie, and the defense, represented by Mark Daniel, both communicate they are ready to proceed.
9:00 a.m. — Outside of the presence of the jury, Judge Jeff McKnight calls several witnesses, including multiple members of Amber McDaniel’s family, who are expected to be called to testify during the trial and swears them in. A rule is invoked that forbids witnesses from being inside the courtroom while they are not on the stand during the course of the trial.
This is a developing story. Stick with Texoma’s Homepage for the latest from the punishment trial of Amber McDaniel. This story will be updated as new information becomes available, so refresh this page often.
