Punishment trial in Fort Worth for Wilder's mom is fast approaching
The stage is being set for a Tarrant County jury to determine the fate of Amber Nichole McDaniel, mother of 2-year-old Jason Wilder McDaniel. She has already pleaded guilty to child endangerment and tampering with evidence.
Amber, 33, left it up to a jury to decide whether she will receive probation or spend time behind bars for her actions related to her child's murder case.
Jury selection is set to begin Monday at the Tim Curry Criminal Justice Center in Fort Worth. A judge ordered the trial moved from Wichita County because of pretrial publicity.
More: A mother's tears, a mother's punishment: What will happen to Wilder's mom?
The punishment proceedings are likely to subject Wilder's family to reliving the heartrending events surrounding the child's death, as well as parts of the emotionally-draining trial for Wilder's murderer earlier this year.
James Irven Staley III, Amber's ex-boyfriend and Wilder's killer, is serving a life sentence without the possibility of parole. A Tarrant County jury convicted him March 13 of capital murder of a child under 10 years old.
Prosecutors believe Staley meticulously planned Wilder's murder and smothered him to death in a bedroom in the oil scion's Country Club home Oct. 11, 2018, to get rid of a child he didn't want around.
During Staley's murder trial, Amber testified against him for several hours, incriminating herself in the process.
Subpoena requests have been flying from defense attorney Mark Barber, and Wichita County District Attorney John Gillespie filed the state's original witness list in June.
More: Week two of Staley trial begins
It is six pages long — unlike the 21-page original witness list filed for Staley's trial. But there are familiar names on the state's list of possible witnesses for Amber's punishment trial.
They include Wilder's family members such as his dad and Amber's husband, Robert "Bubba" McDaniel Jr., his aunt and his "PawPaw." Also listed are Staley's sister and mother, and his childhood friend.
In addition, Dr. Suzanne Dakil, a specialist in child-abuse pediatrics from Dallas, is among those who may be called to the stand to testify for the state. Dakil was a key witness in Staley's trial.
The defense has listed two experts who might testify: Amanda Vickers, a Wichita Falls therapist, and Dr. Daunne Peters, a local pediatrician.
Amber pleaded guilty April 28 in 30th District Court in Wichita Falls to endangering a child for bringing Wilder around Staley.
She also entered a guilty plea to tampering with evidence for deleting some electronic messages between herself and Staley that prosecutors say showed his hostility toward the little boy.
Amber is eligible for probation and has never been convicted of a felony. She 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.
Her decision to plead guilty and allow a jury to determine her sentence means only one part of a usually two-part trial was necessary. Typically, a guilty-not guilty phase is presented before a jury. If a defendant is convicted, a penalty phase follows to determine a sentence unless it is an automatic sentence.
Amber was free Wednesday from the Wichita County Detention Center on $60,000 in bonds, according to online jail records.
Staley, who denied his guilt just after sentencing, has filed to appeal his conviction with the Second Court of Appeals in Fort Worth.
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: Punishment trial for Amber McDaniel, Wilder's mom, fast approaching
