Capital Murder Trial Continues in Smith County

TYLER — Prosecutors are nearing the end of their case against Dameon Mosley as the presented more information in court on Tuesday. According to our news partner KETK, Smith County District Attorney Jacob Putnam had said that before the court last Friday. Mosley is accused of fatally shooting 62-year-old Billy Stacks back in January 2017 while he was robbing the Conoco gas station on Loop 323 in Tyler. Putman is seeking the death penalty. Defense attorneys for Mosley have not denied their client was the shooter during the robbery, but argued during opening statements that the gun accidentally went off during a brief struggle with Stacks. They are arguing that would make him guilty of felony murder, not capital murder.

If found guilty of simple felony murder, Mosley would face 5-99 years in prison. If convicted of capital murder, their would be 2 options. Mosley would either get the death penalty, or life in prison without parole. Under Texas law, this would be decided by the jury.