UPDATE #1 (1:30 PM) – Dameon Mosley has been sentenced to death for the murder of Billy Stacks after the jury deliberated less than one hour following closing arguments.
The jury found that Mosley had a high probability of committing more violent crimes behind bars and that he was not intellectually disabled. The jury was composed of seven men and five women, all of whom are white.
Judge Kennedy thanked them for their service as they had been on the panel for over a month.
Mosley is the first man from Tyler to receive the death penalty since 2015.
This story is developing. KETK News will update it as more details become available.
TYLER, Texas (KETK) – A jury has begun deliberations on whether a Tyler man will be executed for the murder of a gas station clerk back in January 2017.
Dameon Mosley, 28, was convicted for the murder of 62-year-old Billy Stacks while robbing a then-Conoco gas station. The jury of seven men and five women took just over an hour to convict Mosley for the crime.
Prosecutors have been seeking the death penalty since the case entered the courtroom while the defense has been arguing for life in prison. Over the course of the trial, Mosley has shown little emotion and has rarely spoken.
Under Texas law for capital murder, a jury may only give the punishments of life in prison without parole or the death penalty. If sentenced to death, Mosley would be the first from Tyler to receive the sentence since 2015.
In his closing argument, First District Attorney Chris Gatewood said: ” If I had it my way, Billi Stacks would still be working at the Conoco and Dameon Mosley would be on probation.”
Smith County District Attorney Jacob Putman told the jury “Your job is to make sure justice is done.”
Putman also reminded the jury that there is no further legal punishment for Mosley if he gets life without parole, unless he committs another murder.
“His only job is to not kill anybody,” Putman exclaimed to the jury.
The defense argued how Mosley’s privileges in prison would be limited and that he would be under constant supervision.
“How can this particular individual that is sitting with life without parole be a continuing threat to society,” said one defense attorney.
He continued: “They don’t roam around the prison like students on college campuses.”
His chief lawyer Robbie McClung talked about the structure in prison Mosley would have: “Maybe guidance in prison for the rest of his life is exactly what he needs.”
For the past five days, witnesses for the prosecution and defense have testified about his character and his past. On Monday, Mosley’s mother testified about her battle with alcoholism during his childhood and how she would beat him at times.
Psychologists testified that Mosley had borderline intellectual disabilities, which is an IQ between 70-80. Less than a year before his trial, Mosley scored an 80 on a state IQ test.
The last Tyler man executed was Gregory Russeau back on June 18, 2015, or the 2001 murder of an elderly man during a robbery.
This will be Smith County District Attorney Jacob Putman’s first capital murder case that has made it to trial since he took office back in January. Earlier this year, Gustavo Zavala-Garcia pled guilty for the 2016 murder of Kayla Gomez in Bullard.
He pled guilty after it was found he could not be executed due to more stringent mental health requirements handed down by the U.S. Supreme Court back in 2017. Under the new guidelines, Zavala-Garcia was found to have intellectual disabilities that would have made in unconstitutional for him to be put to death.