James Staley to go before judge again in quest to move his murder trial

The man accused of killing 2-year-old Jason Wilder McDaniel is expected to go before a judge again next week to continue his quest to move his murder trial.

Attorneys for James Irven Staley III sought to make a case for a change of venue during a hearing in May.

They contend pretrial publicity, social media, the Justice for Wilder campaign, vigilante threats and claimed adverse actions on the part of District Attorney John Gillespie have made it impossible for Staley to get a fair trial in Wichita County.

Senior District Judge Everett Young recessed the hearing May 10 without ruling on Staley's request. Young needed to review material, some still not submitted.

More: Bubba McDaniel took the stand in Staley change of venue hearing

At the close of that hearing, Young said he might schedule another session for more argument from the defense and prosecution.

Two time slots are reserved next week in 89th District Court: 1 p.m. June 21 and 10:30 a.m. June 22.

During the May 10 hearing, Robert "Bubba" McDaniel Jr., who is Wilder's father, did not back down from his remarks on Facebook, such as referring to defense attorneys as whores for representing Staley and references to vigilante justice.

More: James Staley's lawyers ask for change of venue, criticize DA, Justice for Wilder campaign

But the former professional mixed martial arts fighter turned fitness coach testified he was allowing the criminal justice system's role to play out.

"The system said it wanted the first shot. I told everybody that you'll get the first shot," Bubba, 39, told the judge.

Staley is accused of killing Bubba and Amber Nichole McDaniel's son on Oct. 11, 2018, in Staley's home in the 2000 block of Irving Place, according to allegations in court documents.

Authorities believe Wilder was smothered while staying there with his mother, who was dating Staley during a period of time when she was not together with Bubba, according to allegations in court documents.

More: Bubba McDaniel takes plea in road rage incident

Staley, 39, of Oklahoma is charged with both capital murder of a person under 10 and first-degree murder. A jury is expected to choose between the charges.

Staley has pleaded not guilty.

He is also charged with injury to a child in connection with an Aug. 31, 2018, incident and tampering/fabricating physical evidence, according to court records.

He is accused of moving Wilder's body to stage the crime scene, according to allegations in court documents.

Staley was free Monday from the Wichita County Law Enforcement Center on $1.25 million in bonds, according to online jail records.

More: Staley accused of staging death scene in Wilder's murder

Amber, 32, has been charged with endangering a child in connection with Wilder and with tampering with cell phone evidence, according to court records. She has pleaded not guilty.

Amber was free Monday from the Law Enforcement Center on $60,000 in bonds, according to online jail and court records.

Bubba is serving six years of probation for shooting at someone in an Aug. 15, 2020, road rage incident in Wichita Falls, court records show.

He pleaded guilty in April to aggravated assault with a deadly weapon.

More: Man accused of murdering Wilder hires former prosecutor & trial expert for his legal team

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news, politics and more. Contact Trish with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: James Staley accused of killing Wilder seeks change of venue