‘Haven’t provided everything yet’: Defense awaiting all evidence to be turned over in death penalty case

Stephen Clare was charged in April 2023 deadly attack of his ex-wife and two young daughters

SAN ANTONIO – It’s been just over a year since the horrific attack on a San Antonio woman and her two young daughters.

The man accused in that attack, Stephen Clare, was in court Friday for a status hearing.

Clare is facing three charges in this case: capital murder, attempted capital murder and aggravated assault with a deadly weapon.

Clare is accused of shooting Mariah Clare and stabbing his two daughters on April 10, 2023. Willow Gardner, his 11-month-old daughter, died as a result of her injuries.

In court, Clare looked thinner and his hair had grown out since his last hearing.

Attorneys for the state and defense attorneys discussed evidence. While the state said they handed over everything, they currently had they said there was a possibility other evidence would surface.

“They haven’t provided everything yet, so what we are doing now is going to reset and hope they provide the outstanding stuff and we’ll kind of go from there,” defense attorney Daniel De La Garza said.

De La Garza also said he didn’t expect a potential fall trial date to occur this year.

“We can be ready, but I don’t think that’s going to happen,” De La Garza said. “These take a lot of time. They are very tough cases to work. They are higher level cases, so I would think it would be a disservice to go to trial at that time.”

Clare’s next status hearing has yet to be scheduled.

If found guilty by a jury, Clare could either be sentenced to life in prison without parole or be sent to death row.

For more on this case, watch the latest Texas Crime Stories episode below.

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About the Authors

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

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