Amber McDaniel sentenced to two years jail
Amber Nichole McDaniel was sentenced to two years in state jail for child endangerment and five years of probation for evidence tampering Monday.
She began serving her sentence behind bars and her term of probation Monday.
Thirtieth District Judge Jeff McKnight formally sentenced her at the Wichita County Courthouse for offenses related to the death of her son, 2-year-old Jason Wilder McDaniel, at the hands of James Irven Staley III on Oct. 11, 2018.
Amber, 33, received eight days of jail time-served credit.
More: Gillespie reacts to verdicts for Amber
She is opting not to appeal, defense attorney Mark Barber said after Amber's sentencing hearing. Barber said he advised her that she could let him know if she changed her mind.
After a trial of about seven days concluded Sept. 19 in Fort Worth, a jury found Amber guilty and assessed her punishment at the maximum sentence for child endangerment, a state jail felony, and recommended a five-year prison sentence for evidence tampering be suspended in favor of probation.
Tampering is a third-degree felony punishable by up to 10 years in prison.
Amber pleaded guilty to the two offenses before McKnight in April in Wichita Falls and elected to have a jury determine her punishment. Jurors found her guilty, following McKnight's instructions.
Amber admitted her guilt to child endangerment for allowing Wilder to be around Staley, who was hostile to the child, and to tampering with evidence for deleting text messages between her and Staley from late September 2018 through Oct. 10, 2018. Investigators testified in her trial that the messages were important to Staley's prosecution.
Amber's family members were present Monday morning in court or outside in the hallway, including her husband and Wilder's father, Robert "Bubba" McDaniel Jr. Some of them took the stand to testify in her defense during her trial at the Tim Curry Criminal Justice Center.
Barber said Amber will not have to meet the financial obligations of her probation until 30 days after completing her state jail sentence. He said that his client seemed fine on Monday.
A person serving a state jail sentence is not eligible for parole, but Amber is eligible for diligent participation credit, which can provide a path to early release if the judge and facility agree to it.
She is ineligible to possess a gun or ammunition, court records show. The judge ordered her to pay $560 in court costs for the tampering case by Dec. 30, 2026.
The conditions of her probation set by McKnight require her to report to the Wichita County Community Supervision and Corrections Department immediately following her release from confinement and then monthly thereafter.
She must submit samples for testing for alcohol and illegal drugs upon request, and 30 days after her release, Amber is required to begin doing 160 hours of community service.
She can donate five cans to the Wichita Falls Area Food Bank for a one-hour credit on her community service.
Amber must also submit to an alcohol and drug evaluation by the community supervision officer at the WCCSCD and follow through on any referral to a treatment program.
She is also required to submit to a mental health assessment at the Helen Farabee Center in Wichita Falls and take part in any recommended mental health program.
More: Awaiting sentencing, Amber McDaniel transferred to Wichita County Detention Center
When she is released from state jail, Amber is required to get counseling with a licensed professional counselor and to get a psychological evaluation with a psychologist or psychiatrist and follow up on recommendations.
On March 13, a jury in Fort Worth found Staley guilty of capital murder of a child under 10, and a judge handed down an automatic sentence of life in prison without parole.
Staley killed Wilder in a bedroom at the former oilman's Country Club home, carrying out what Wichita County District Attorney John Gillespie believed was the premediated plan of a psychopath to do away with the toddler.
Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her X handle is @Trishapedia.
This article originally appeared on Wichita Falls Times Record News: Amber McDaniel sentenced to two years jail
