UPDATE #3 (12:00 P.M.) – Judge Kennedy has dismissed the courtroom for lunch until 1:15 p.m.
Prosecutors called more investigators from the scene to the stand as well as a nurse who helped treat Stacks during his final hours.
The neurosurgeon on duty that night testified that the bullet that was fired into Stacks’ skull traveled across the head and severed the brain stem before coming to rest behind his right ear.
Pictures of Stacks in the hospital were taken by a Smith County detective. They were shown to the jury, despite objections from the defense team.
They were graphic in nature and showed his head heavily bandaged and bloodstains behind where his head was resting.
Emily Stevenson, a registered nurse who worked at ETMC at the time, described the environment in the room as “very somber.” Stacks’ wife was “very sad” at the prognosis after doctors performed tests.
After consulting with physicians, his family chose to take him off life-support.
Defense attorneys have rarely offered cross-examination to the state witnesses.
Mosley, who is accused of capital murder in the case, has not spoken except when he pled not guilty at the start of the trial.
The jury consists of seven men and five women, all of whom are white. The two alternates are both white men.
UPDATE #2(10:45 A.M.) – The first recess has been called after three witnesses testify for the prosecution.
During opening statements, Smith County District Attorney Jacob Putman described how Stacks worked hard for the gas station and had lived across the street for 13 years.
Defense attorneys argued in their statement that the charge should not have been capital murder because Mosley did not go in with the intent to kill Stacks.
They told the jury that “Perception is reality” and that the evidence would show that it does not meet the standard for capital murder. They did not deny that Mosley robbed the store.
Officer Joshua Dardy for Tyler PD arrived the scene and his body cam was played before the jury.
Stacks was seen bleeding from the back of his head and was unresponsive to questions by Dardy and EMS workers. He was able to say his name after being asked numerous times.
Another witness was Shelby Burkes, who was the gas station manager at the time and now works at Cumberland Academy Middle School. She provided the security tapes to the police the morning after the robbery.
When Mosley hopped over the register, Stacks attempted to kick him and there was a brief struggle before the gun went off.
Burkes said that Mosley left with nearly $1,700. In the tapes, Mosley drops some money over Stacks as he is standing over him after the gunshots went off.
He did not appear to acknowledge or try to help Stacks. He then hopped over the counter and ran back to the getaway car.
The defense team did not offer any questions for the three witnesses.
UPDATE (8:45 A.M.) – Judge Kennedy denied a defense motion to suppress video of a police pursuit the night of the robbery.
Defense attorneys for Mosley argued that the pursuit began illegally because the car that allegedly contained Hannah and Mosley had not broken any laws.
A Smith County sheriff’s deputy, Cody Deaver, testified that he found the car suspicious because it was going down the road near the gas station where the robbery and murder took place on Loop 323. Deaver also said that no cars were usually on that road at 3:45 a.m.
Prosecutors argued that because later when the car was located on HWY 271 and drove across a grass median and sped away on I-20, it committed a traffic violation and gave the deputy probable cause.
The hearing was held before the jury was brought into the courtroom.
TYLER, Texas (KETK) – Testimony is set to begin in a Tyler man’s capital murder trial for the murder of a gas station clerk back in 2017.
Dameon Mosley, 28, is accused of fatally shooting 62-year-old Billy Dale Stacks during a robbery at the Conoco gas station on Jan. 28, 2017. Prosecutors are seeking the death penalty.
Surveillance footage shows a hooded individual hop the counter and waves a gun in front of Stacks, demanding money.
Stacks was shot twice by the killer, including once in the head, according to police. There is not a clear shot of the shooter’s face in the tapes released by police.
Two other people, 35-year-old LaMarcus Hannah and 26-year-old KeDarius Oliver, have also been charged with capital murder for their alleged involvement in the robbery.
Hannah was captured after a pursuit by police down an East Texas road and Mosley was taken into custody in Dallas the following day.
On Monday, more than 50 witnesses for the prosecution were sworn in and 114th District Court Judge Christi Kennedy put the gag rule into effect.