Friday Update: Jury Hands Down A Verdict In Tarr Murder Trial

On Sept. 29, 2014, a white truck was heading into the Buda/Hays County area on FM 1626 when it struck a red convertible head on. The white truck’s nose dug into the road on impact and then rolled onto the passenger side after sliding a certain distance. The driver of the truck was identified as Jason Tarr, a Buda Realtor, who had just left a charity golf tournament at Grey Rock Golf Course. Sixty-one-year-old Nancy Sterling-Dalton, the driver of the red convertible, was declared dead at the scene.

By, Terra Rivers, Managing Editor

On Thursday, May 11, the jury in the State of Texas vs. Jason Tarr returned from a deliberation with a verdict of guilty of the intoxication manslaughter and guilty of murder.

Judge Don Burgess filled in for Judge Jack Robison Thursday for the verdict announcement. The second phase of the trial, which is the punishment phase, will begin at 11:30 a.m. Character witnesses will be called on during this phase.

Tarr can receive anywhere for 2 to 20 years in prison for the second-degree felony of intoxication manslaughter or 5 to 99 years, or life, for the first-degree felony of murder.

“What I think or what I hope the judge will ask you (is) to only sentence Mr. Tarr on the murder charge,” Wes Mau, Hays County District Attorney, said.

The prosecution and defense came to an agreement with approval of the Judge to allow Tarr to continue to be out on bail set at $300,000 but not without confiscating his drivers license and passport.

In October 2015, Jason Tarr was indicted for intoxicated manslaughter, a second-degree felony; by the end of that week, a grand jury also indicted him for murder, a first-degree felony.

Three years after the fatal accident, Tarr and his attorneys, Billy McNabb, George Scharmen and Scott Courtney, appeared in court on May 1 at the Hays County Government Center in San Marcos for the jury selection, which took 12 hours to complete.

Tarr pled not guilty to the charges of Intoxicated Manslaughter and Murder for the death of Sterling-Dalton.

Witnesses for the prosecution included civilians who witnessed the fatal accident, a nurse who rendered aid to the victims, law enforcement, first responders and individuals who knew the defendant personally.

The court handed the case over to the jury yesterday afternoon around 3:30 p.m. At 7:30 p.m., the jurors called an end to the deliberation and resumed it at 9:00 a.m. on Thursday.

In his opening statement, Judge Jack Robison said it is not the judge or the advocates, lawyers, to decide the facts of the case; the presiding judge merely ensures the law is followed.

“The Jury is the fact finder,” Judge Robison stated.

UPDATE:

The jury heard the testimony of character witnesses Detectives Peter Wright and Rolando Ramirez with the Austin Police Department and Sergeant Johnny Johnston Jr. with Texas State University Police Department. Each of the officers investigated one of Tarr’s previous ‘driving while intoxicated’ cases.

• Wright — Dec. 1, 2000
  • Sentenced to 16 months on probation, or community supervision
• Sgt. Johnston — Oct. 2002
  • Sentenced to 2 years on probation, or community supervision
  • 15 days in Hays County jail
• Ramirez — Oct. 2003
  • 30 days in Travis County jail

Jurors also heard the testimony of John Rosalez, who was the Hays County probation officer assigned to Tarr, and Marvel Maddox, a program instructor for the Hays County Community Supervision Department, or probation office.

Court adjourned for the day at 5:00 p.m. and will resume tomorrow at 1 p.m. with Judge Jack Robison.

FRIDAY UPDATE:

Today, the court heard the victim impact witnesses, Nancy Sterling-Dalton’s children, Shane Duffiney and Amber McKee.

McKee said her mother had been driving home from the YMCA where she had been working out for McKee’s wedding, which was two weeks later. Sterling-Dalton was going to walk her down the aisle, McKee said.

Duffiney said he and his two brothers walked their sister, Amber, down the aisle at the wedding and stood with her in his mother’s stead.

At 1:30 p.m., the state rested their case, and the cross-examination of the defense’s character witnesses took place. The court heard the testimony of several friends and a former employee on Tarr’s character.

Amy Russell, a friend and former client of Tarr’s, and Penny Moulder, a former employee, described Jason as a very giving person.

John Leftwich, Tarr’s pastor, said in the 10 years he’d known Jason, he’d found him to be “very loving, very available” to everyone.

Christopher Hansford, a friend of Tarr’s from his time at Sam Houston State University, said his opinion of Jason had not changed after the accident and the recent conviction.

“I believe even the best people in this world make mistakes,” Hansford said. “We have all sinned. We have all made bad decisions. It is a horrible, tragic situation…but we all beg and pray for forgiveness.”

Court will resume on Monday at 9:00 a.m.

Judge Jack Robison told the jury he believes the case will be handed to them by noon, and he believes, depending on how long deliberation takes, the sentencing will be completed by 5 p.m.

Tarr remains on bail, but his passport and license are being held as a condition of bail by the court.

Read more on State of Texas vs. Jason Floyd Tarr

• May 10, 2017 — Tarr Jury Sequestered During Deliberation
• May 9, 2017 — Tarr Case Could Go To Jury Wednesday
• May 3, 2017 – Hays County Jurors Selected, Opening Statements Given In The Jason Tarr Murder Trial
• May 2, 2017 – The State Of Texas Vs. Tarr Begins Trial
• April 21, 2017 – Buda Realtor Returns To Hays County Jail Briefly
• December 16, 2016 – Tarr Attends Final Pre-Evidentiary Hearing
• September 2, 2016 – Tarr Requests Evidence Be Suppressed In Recent Court Hearing
• December 16 , 2015 – Jason Tarr Present For Today’s Court Appearance
• November 5, 2015 – Corridor News Provides Tarr Indictment Sources
• November 4, 2015 – BREAKING: Jason Tarr Indicted For Murder