UPDATE #3 (1:20 P.M.) – The sister of Dameon Mosley, Shameka Mosley, is set to testify Friday afternoon about her involvement with him after the murder.
Mosley was given a ride by his sister to Dallas after abandoning the getaway car at Cowboy Church. She was later questioned by investigators but never charged.
UPDATE #2 (12:00 P.M.) – A fingerprint and blood spatter expert with the Smith County Sheriff’s Office testified for over 90 minutes about the detailed process of searching the getaway car that was left behind by Mosley after the robbery.
Detective Travis Brazil searched both the inside and outside of the Dodge Avenger for fingerprints, DNA, and items left behind by Oliver and Mosley during their getaway.
Multiple fingerprints were found on the outside of the car and Mosley’s state ID along with his Sanderson Farms paycheck was found inside the vehicle.
In the truck, Brazil found a case for .38 caliber revolver cartridges. Five of the cartridges were missing from the case.
UPDATE #1 (10:30 A.M.) – Prosecutors indicated before testimony began on Friday that they intend to rest their case on Tuesday, November 12.
This surprised many in the case, including Judge Christi Kennedy, who anticipated the State to spend all of the following week calling witnesses.
They spent the first part of morning testimony calling more detectives and sheriff’s deputies describing their investigation process.
The longest testimony came from Detective Justin Hall who helped locate Mosley’s clothes from the crime scene that were discarded on HWY 271 during the getaway.
Defense lawyers questioned why he did not use a metal detector or any special equipment when looking down the road, since he most likely would have been looking for a murder weapon. Hall said that he only “utilized his eyes” in the search.
Det. Theresa Smith testified how she filled out more than 10 search warrants for cell phones and homes of Mosley, KeDarious Oliver, and LaMarcus Hannah.
Sgt. Dwayne Gray with the Sheriff’s Office was questioned on how he located the Dodge Avenger that was used as the getaway car in the robbery that was later located at Cowboy Church.
The defense briefly questioned him on why he did not search inside the vehicle for evidence. Gray responded that he did not want to disturb the scene and would rather have the investigation team handle it.
Before testimony began, Kennedy spoke with both sets of attorneys about security concerns of Oliver and Hannah testifying later Friday. Both are charged with capital murder for their involvement in the robbery and murder of Stacks.
Ther is not a clear path to the witness stand that would keep them away from the jury as well as courtroom witnesses.
Also to testify later is Mosley’s sister, ShaMeeka Mosley. She helped drive him to Dallas from Tyler after he abandoned the car at Cowboy Church.
She was not charged for her involvement that night.
TYLER, Texas (KETK) – Prosecutors will look to continue establishing their case against Damian Mosley in the second day of his capital murder trial for killing Billy Stacks back in January 2017 during a gas station robbery.
Opening statements were given and then over 10 state witnesses testified to help establish the basic facts of the case.
Smith County DA Jacob Putman gave a near 30-minute opening statement, talking about how Stacks, 62, worked at the gas station for over 13 years.
He also described how cold and calculating Mosley was in committing the murder during the robbery and security footage would show nearly no remorse by Mosley after shooting Stacks in the head.
Defense attorneys in a much briefer opening statement did not deny that Mosley was the shooter for the robbery, but argued that the gun went off accidentally after a brief struggle. They argued that this made Mosley guilty of felony murder, not capital murder.
The difference between the charges would be vastly different for sentencing purposes. If only convicted of felony murder, Mosley would face up to life in prison, not the death penalty.
If he is convicted of capital murder, under Texas law he can only be sentenced to either life without parole or the death penalty. Putman has already indicated that he intends to have Mosley executed.
Thursday’s testimony was spent establishing how the investigation began and Stacks’ condition after the shooting and just before he died.
EMS workers, as well as law enforcement officials, testified about what they saw in the immediate aftermath of the robbery.
Tyler Police Officer Josh Dardy was the first to get to the gas station and his body camera footage was shown to the jury. It showed him attempting to help Stacks, despite him being nearly unresponsive.
The attending neurosurgeon for ETMC (now UT Health) testified that the bullet fired into Stacks’ skull traveled all the way across his brain and severed his brain stem before coming to rest behind his right ear. This left his chance of recovery practically impossible.
The most emotional testimony came from an ETMC nurse, Emily Stevenson. She talked about the emotional state of Stacks’ wife while she made the decision to take her husband off life support.
After his breathing tube was removed, Stacks’ wife told him while holding his hand that “he could let go.”
Defense attornies rarely offered cross-examination for any of the witnesses that the prosecution put on the stand.