TYLER, Texas (KLTV) - A Smith County jury has found a Tyler man guilty of killing a gas station clerk during a robbery, and now the trial is in the punishment phase.
Dameon Jamarc Mosley, 28, is charged in the fatal shooting of Billy Dale Stacks. Stacks was working as a clerk at a Conoco gas station in Tyler on Jan. 28, 2017, when he was shot several times during an armed robbery.
The verdict came in early Wednesday morning. Earlier in the day, the prosecuting and defense attorneys presented their closing arguments in the case.
Mosely was indicted in April 2017 on charges of capital murder by terror threat and aggravated robbery. Mosley has pleaded not guilty to the charges.
Two other suspects — LaMarcus Hannah and Kedaris Oliver — were also indicted in 2017 on one count of capital murder each.
In closing arguments, the state argued surveillance video show Mosley fire two shots to the body and one to the head of Stacks after jumping over the counter and confronting Stacks, who fought back. He then went to the cash register and calmly took money out. He dropped money on Stacks’ body and calmly picked it up, the state argued.
The defense argued that Mosley is guilty of a crime, but not capital murder. Defense attorney Robbie McClung argued the trajectory of the bullet does not show intent.
“I am not trying to say Mr. Mosley is a saint,” McClung said. “He went int there to commit a robbery. I want you to use your common sense and think.”
McClung said Mosley is guilty of first-degree murder but not capital murder.
“You have to decide which one was proven to you,” McClung said. “We have to have neutral people who look at the evidence and decide. I hope you can see that the state failed to prove capital murder and you decide felony murder.”
“When you shoot someone in the head at that distance you cannot say it was not his intent to kill him,” Putman said. “What the three wanted was to go into the store and get the money without the clerk fighting back.”
During the punishment phase of the trial, Tyler police officers testified about Mosley’s criminal history. Two of them spoke of Mosley’s involvement in a robbery that occurred at a Chevron convenience store located on Gentry in October of 2014.
The punishment phase of the trial will resume Thursday morning at 8:30 a.m.