Kedarious Oliver also faces capital murder charges in shooting death of Billy Dale Stacks. He is pictured in the 114th District Court on Thursday July 25, 2019 with his attorney Steven Evans. Judge Christi Kennedy said she didn't anticipate his case going to trial until Dameon Mosley's trial is done. Oliver is scheduled for a pretrial hearing on Aug. 23. (Sarah A. Miller/Tyler Morning Telegraph)

Several motions to preclude the state from seeking the death penalty for one of three men accused in a fatal January 2017 convenience store robbery were denied Thursday in a Smith County court.

Dameon Jamarc Mosley, 25, faces capital murder charges and could be sentenced to death if convicted in the shooting death of Billy Dale Stacks, 62, of Tyler.

Stacks was working as a clerk at the Conoco gas station at 3319 NNE Loop 323 when the store was robbed. Officials said Stacks was shot several times in his head and shoulder.

Smith County District Attorney Jacob Putman and Mosley’s defense attorneys announced to 114th District Court Judge Christi Kennedy that they were ready to proceed in Mosley’s case.

Kennedy took about an hour to hear and rule on pretrial motions filed by both parties to include the defense motions asking for the death penalty not to be considered.

Kennedy denied the motions, allowing the state to seek the death penalty.

Mosley’s trial is scheduled to begin Nov. 4.

Two other suspects, Lamarcus Hannah, 32, and Kedarias Hayes Oliver, 23, also face capital murder charges in the case.

The cases of Hannah and Oliver were called after Mosley left the courtroom.

Kennedy told them she didn’t anticipate their cases going to trial until Mosley’s trial is completed. Both acknowledged to Kennedy that they understood and were escorted out of the courtroom and back to the Smith County Jail.

Hannah and Oliver are scheduled for pretrial hearings on Aug. 23.

TWITTER: @LouAnnCampbell