The prosecution told the jury in the trial of Dameon Jamarc Mosley, who was found guilty of capital murder Wednesday afternoon, about his criminal past during the trial’s punishment phase Thursday.
Mosley, 28, could be sentenced to death or life in prison for the shooting death of Billy Stacks, 62, of Tyler.
Stacks was a clerk at the Conoco gas station at 3319 NNE Loop 323 when the convenience store was robbed in the early hours of Jan. 28, 2017. Officials said Stacks was shot several times in the head and shoulder.
Mosley pleaded not guilty Nov. 7 in the 114th District Courtroom.
During the punishment phase, Smith County District Attorney Jacob Putman said in his opening statement Wednesday that Mosley and another man, Corey Tave, robbed a series of convenience stores in October 2014. Employees of different gas stations testified that their store was robbed by two men and one of them had a gun.
On Thursday, a Tyler police investigator working on the 2014 store robberies testified he found a car with cellphones, which led to Tave and Mosley.
Tave and Mosley eventually were arrested for the robberies. Mosley received probation and Tave was sentenced to prison, the investigator said.
Kenneth Gardner, a Tyler police detective, testified as the state played a lengthy video interview on Oct. 27, 2014, with Mosley and other detectives at the police station. At first, Mosley said he wasn’t involved with robberies.
Mosley told detectives Tave bought BB guns from Walmart for the robbery and it was Tave’s idea to rob the store. Mosley said he had a job and didn’t have a reason to rob the store.
Mosley then said he helped with the last robbery because he was persuaded by Tave. After Tave committed the robbery, he and Mosley split up and ran through an alley, leaving the car, Mosley said in the interview.
Tave told Mosley the other robberies were easy, but Mosley wasn’t with him, he said in the police interview.
Gardner testified he believed Mosley was lying about the other robberies. Mosley was told he would be arrested the next day for his involvement.
A retired Tyler Police Department detective testified about an interview with Mosley on Oct. 28, 2014. At first, Mosley denied involvement in robberies and told police Tave paid him to say certain things.
Mosley said he didn’t use a gun on anyone during a robbery, that his role was just holding the door during the robberies. He later confessed to being the lookout in other robberies, according to the interview.
Shannon Coleman, a Smith County Adult Probation officer, went over the conditions that Mosley received for his 10-year probation sentence for the robberies.
Coleman agreed the 2017 shooting of Stacks violates Mosley’s probation. Coleman said he is not Mosley’s probation officer.
Coleman told the defense some people are unsuccessful at probation.
The trial will resume testimony at 8:30 a.m. Friday.