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

Editor's note: Check back for updates on this blog about the trial.

FORT WORTH, Texas — Jurors who will decide the fate of Amber Nichole McDaniel heard a blistering closing statement from Wichita County District Attorney John Gillespie Tuesday morning at the Tim Curry Criminal Justice Center.

Gillespie asked the jury to give Amber the maximum punishment for the two felonies she pleaded guilty to in April.

He framed her as a master manipulator who didn't protect her child, 2-year-old Jason Wilder McDaniel and fooled police and her family.

“Would you give probation to a mom who let a toddler play with her pet rattlesnake?" Gillespie said to jurors at one point.

During Wichita Falls defense attorney Mark Barber's closing statement, he asked the jury to give her probation, saying she is already in prison in her mind and her own heart and feels guilt every day about Wilder.

“She held the body of her cold, dead, lifeless son," Barber said. "She had to put him down, and she never held him again.”

He reminded jurors of the testimony of other women who encountered Staley, a manipulator, abuser and gaslighter.

"Listen to their voices," Barber said.

After closing statements, a jury retired about 11:08 Tuesday to deliberate on Amber's sentences for crimes related to Wilder's death.

James Irven Staley III suffocated Wilder in his crib and staged the death scene to make it appear he died from a fall from a crib on Oct. 11, 2018, according to testimony.

He began serving a sentence of life without parole after his conviction March 13 for capital murder of a child under 10 years old.

On April 28, Amber pleaded guilty to child endangerment for bringing Wilder around Staley, who was hostile to the child, and to tampering with evidence for deleting text messages between her and Staley.

Detectives have testified the messages were important to their investigation.

Amber faces two to 10 years in prison for evidence tampering, a third-degree felony, and six months to 24 months in state jail for child endangerment, a state jail felony.

Chief Felony Prosecutor Kyle Lessor has been assisting Gillespie. The trial was ordered moved to Fort Worth by 30th District Judge Jeff McKnight, who is presiding over it.

Wilder's father and Amber's husband, Robert "Bubba" McDaniel, suffered a nonfatal gunshot wound on Sept. 10, the day before jury selection for her trial.

Police arrested the man who they believe is responsible for the shooting on Sept. 11 after a standoff at an apartment complex.

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

1:52 p.m. The judge sets date for 9 a.m. Monday, Sept. 25, for Amber's formal sentencing.

He told Amber that since she was given prison time, she will be taken into custody. But she will possibly be transported from Fort Worth to Wichita Falls on Wednesday.

Amber was led away in handcuffs.

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.

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 for that charge.

McKnight is expected to sentence her according to their verdict.

Some of Amber's family members wept, and she sat with her head bowed, crying.

The judge thanks the jury for their service and told them he wanted to speak to them in the jury room.

McKnight told Amber to stay there.

The jury left, and McKnight went back to speak with them. A silence follows on the courtroom, broken only by the sound of Amber weeping.

1:33 p.m. A buzzer sounded in the court.

It might mean the jury has reached a punishment verdict.

The judge looked at a document and then handed it to a bailiff.

Amber came back into the courtroom and sat down beside her attorney. Amber's family members, as well as Tara Campisi, an ex-partner of Staley's who testified against him, returned to court.

Gillespie and Lessor came back into court as did the DA's investigators present for the trial.

12:44 p.m. The judge and prosecution came out of a doorway in the courtroom that leads to possibly the jury room and the judge's chambers.

As the judge gets back on the bench, he remarked that the jury went back at 11:08.

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.

11:32 a.m. Mcknight said he got a note from the jury asking if the sentences will be served concurrently.

McKnight said he will respond that jurors are to refer to the law.

There are no objections from the prosecution or defense.

11:08 a.m. The judge gave the jury instructions about deliberating on the sentences and told them that their lunch was on the way.

Jurors filed out to go into the jury room and start deliberating.

Outside in the hallway, Wilder's family waited on hard benches. Amber bent down to hug Phoenix, her young son. Amber and Bubba had Phoenix after Wilder's death.

10:40 a.m. Gillespie rose to finish his closing argument.

He gave a dramatic retelling of Wilder's murder and the aftermath.

A dark silhouette appeared at Wilder's door at some time during the night, Gillespie said. It was not Wilder's mother. There was a small struggle, not much of one, and the toddler's life was snuffed out.

Amber began crying during the DA's account.

9:55 a.m. Barber started his closing argument.

“I want to start off by talking about toxic relationships," Barber said.

“People on the outside can see it clearly ..., but we all agree that people on the inside don’t see it clearly," he told the jury.

Sexual relationships are involved, and kind words are said, and mean words are said, Barber told the jury.

Jurors heard from Karen Burke, Bubba's mother, and Courtney Bachman, Amber's sister-in-law that they were in toxic relationships, Barber said. Dina Taylor, Amber's mother, talked about Amber’s abusive dad.

9:17 a.m. Gillespie stood at a podium, facing the jury, to deliver his closing argument.

He told the jury there was a heaviness about the courtroom.

"There is a heaviness that comes with a child victim," Gillespie said.

Wilder's life was snuffed out, he said.

“I want to acknowledge the grief of this defendant," Gillespie said.

It is real, and he doesn't deny that, he said.

Gillespie said he has spent about four years of his life dedicated to putting Staley in prison, and he has tried to be kind to Wilder's family.

“Her family loves her unconditionally as the bonds of family require," he told the jury about Amber's family.

But they're not in a good position to see what she has done, he said. And Gillespie has taken an oath to see justice service, and her family members have not.

The jury's oath is to impartially look at Amber's crimes and assess a punishment, he said.

“When you objectively look at what this defendant did, it is shocking," Gillespie said.

He told the jury that it takes courage to look past the grief and tears, but if not for Amber's crime, Wilder would still be alive today, he told jurors. She also engaged in a coverup related to the murder.

Her crimes are serious, inexcusable and terrible, Gillespie said. It is jurors' job and duty to assess the punishment for two serious crimes.

“So as we begin, I acknowledge the grief. Your grief, my grief, their grief," Gillespie said.

He has cried for Wilder, and it's impossible to see how horrible the child’s last two and a half months were and not do so.

It’s hard to imagine the master manipulators of this world, Gillespie said.

“It’s shocking when we come across one," he said.

“In this case, you heard about someone with a black belt in manipulation, a real pro in gas lighting. No, I'm not talking about James Staley. I’m talking about this defendant," Gillespie said.

In an interview with Wichita Falls police Detective Chad Nelson, Amber presents as a grieving mother, and the detective's heart goes out to her.

But Amber carried out gaslighting and manipulation, Gillespie said.

“She’s found her rich boyfriend," Gillespie said.

He's an oilman with a house in Country Club with a pool, the DA said.

On Aug. 7 and Aug. 8, the first time Amber tried to take the kid over to spend the night at Staley's home, he blew up, Gillespie said. Staley said vile and disgusting things about the toddler.

Gillespie noted that Amber was a National Honor Society student and intelligent. It seems she should have been able to see the warning signs in Staley.

Gillespie went on to point out that there was someone who did.

“There’s a teensy little problem," he said. "It’s about 30 months old. Wilder figures out that James is unsafe.”

Wilder told family members, "No James," in various incidents.

Amber told her family that she Googled it, and it takes awhile for a toddler to warm up to a new person.

But in one of her interviews with police, Amber said Staley popped Adderall and Xanax like candy, mixing it with B12 vitamin and testosterone shots, Gillespie said.

Amber spun her manipulations, he said. If her family members had known what was happening with Staley, they would have put their foot down, the DA said. That's what her stepfather, David Taylor, told the jury.

Amber received "the hostage video" from Staley while she was at work, and later at Staley’s home, his daughter told Amber that her daddy kicked Wilder off the bed and laughed about it.

In the video Gillespie referred to, Staley holds Wilder and asked him if he fell off the bed. Wilder said yes. Then Staley asked the child if he thought Staley pushed him off the bed. Wilder said yes. The child has a big bump on his forehead.

The video was shown in both Amber's and Staley's trial.

Gillespie said Amber flew into high gear, covering up the abuse and taking steps to make sure her family won't see it.

Wilder kept saying, "No James," and Amber kept acting like she didn't know what was going on, purporting that Staley was sweet to Wilder.

At the "meet the family barbecue" at his home, Staley said, "Wilder with the way you’re acting, people will think I’m abusing you."

That night, Staley fired off a gun and stormed into his house. Either the door or the gunshot woke Wilder up, Gillespie said.

Staley screamed at a crying Wilder, "Shut up! Shut up! Shut up!" Gillespie said so loudly that it hammered through the courtroom air.

Amber did damage control with her family, the DA said. The easiest way was through her stepfather David Taylor. She had lunch with him at On the Border.

Amber told him she is so confused because Wilder doesn’t like Staley. David said that the only man Wilder has been around is him.

“She knows her family is asking questions, and she’s got to keep her rich boyfriend, do damage control," Gillespie said.

The night before Wilder died, Amber gave him a bath, and Wilder said, “No James, Mommy," the DA said. Amber got on to Wilder and told him that was not nice.

That was a form of gaslighting, Gillespie said.

Wilder was telling her, "I’m not safe here," the DA said. But Amber made him apologize instead of getting the child out of the house.

Wilder told her that he was scared, the DA said.

“She says, 'There’s no fear. Mommy’s here.' Then she goes and passes out drunk in the other room," Gillespie said.

Amber knew Staley was verbally abusing Wilder and likely physically abusing him. Her calculation has got to be that she doesn't think he’ll murder Wilder, Gillespie said.

Amber may have refused to protect Wilder and put her sexual gratification and greed in front of her son, but she did nurture him, Gillespie said.

When the Justice for Wilder campaign got going, Amber got a lot of sympathy, the DA said.

But Courtney Bachman, now Amber' sister-in-law, posted criticism of Amber on her Facebook page, Gillespie said.

The Justice for Wilder campaign, spearheaded by Bubba, criticized the police and called for Staley's arrest.

The autopsy for the child's body isn’t even back until the end of January, Gillespie said. But before that, Amber posted about the police, calling them out and saying they didn't care about Wilder.

“She is perpetrating a fraud," Gillespie said.

Amber has interviews with police and doesn’t reveal the text messages between her and Staley, Gillespie said. Her family tried to minimize the text messages during testimony, but they were instrumental in the Staley trial.

Amber claimed she didn't recall and couldn't remember them over and over to the cops, the DA said.

Do jurors really think Amber doesn’t recall the SIDS message and other texts? Gillespie said.

“She knows how bad it makes her look. Then she’s charged with her crimes," the DA said.

Staley didn’t destroy them because of his arrogance or whatever, Gillespie said. Then Amber went to work on Bubba and their family members.

“The pregnancy helped," Gillespie said, referring to Amber's pregnancy with Phoenix.

Bubba’s mother, who despised Staley “came in here and was defending that psychopath," Gillespie said.

“Yes, there’s a master manipulator in this courtroom," the DA said.

It's easy to see when a man is a manipulator, but women have other ways of doing it, Gillespie said.

“That's why it’s so important that we talked about, do you believe in equal justice for female defendants," the DA said.

Amber painted a false picture of Staley and was manipulative, Gillespie said.

“The deceit and prevarication kicks into gear after the murder," he told the jury.

Amber has repeatedly lied to Det. Chad Nelson, the DA said.

Gillespie showed the jury a slide with "GASLIGHTER" on the screen. The prosecution played the message for jurors, who also heard it earlier in the trial.

“I need some kind of answers for why this has gone on so long," Amber said tearfully in the message.

The police fed them a bunch of lies and knew Staley did it, she said.

Gillespie put a slide up with what looks like an excerpt from court documents. In it, Amber admits to deleting or destroying text messages while knowing that would impede an investigation.

Next, Gillespie told the story of football coach Lou Holtz, who benched players during a crucial game because they had busted curfew.

"I did not bench them. They knew the rules. They chose the conduct. They benched themselves," Holz told those who questioned his decision.

Gillespie told jurors that Amber is the one who chose this conduct. She carried out a series of extreme actions, put her toddler in danger and covered up information needed for a murder investigation.

“What life is more worthy of protection than a 30-month old toddler?" Gillespie told the jury. "When you assess an appropriate sentence, do not feel guilty about it.”

He added, “There needs to be accountability. You can’t see what she’s done and turn a blind eye to it.”

Amber's family has to do that because they love her, but the jury has to do something different.

“You cannot mess around with a capital murder investigation and delay the arrest of a capital murderer," Gillespie said.

He told jurors that they are enforcing the laws of the state of Texas, and that they set the value of Wilder's life.

Gillespie posted a slide of a mother bear with a cub. He talked about the importance of the "mamma bear" instinct to protect a child.

9:12 a.m. McKnight read the charge to the jury.

A document agreed on by the prosecution, defense and the judge, the charge instructs the jury about issues they have to determine and laws in the case. It will be up to them to decide the facts of the case.

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: Day 6 Live Blog Amber McDaniel Trail