TYLER, Texas (KETK) – The capital murder trial of Dameon Mosley began Thursday in Tyler.

Mosley, 28, is accused of killing Billy Dale Stacks, 62, during the robbery of a Conoco gas station on January 28, 2017.

The prosecution is seeking the death penalty.

Mosley’s defense is not contesting his responsibility for Stacks’ death, only the charge for which he should be punished. The defense is arguing that he should be facing the lesser charge of felony murder rather than capital murder.

According to security video from the store, when Mosley jumped over the register, Stacks attempted to kick him. There was a brief struggle between the two before the gun went off.

“He went in there with the intent to rob,” defense attorney Robbie McClung told the jury about her client. “But, ladies and gentlemen, he did not have the intent to kill Mr. Stacks. In that struggle, that gun goes off and when you commit a felony in the State of Texas, and in the course of committing that felony you do an act clearly dangerous to human life, you are guilty of felony murder, not capital murder.”

If Mosley were convicted of that lesser charge, he would face between five and 99 years in prison rather than the death penalty.

Today’s court session included testimony from investigators from the crime scene, a nurse who helped treat Stacks during his final hours, and the neurosurgeon who was on duty that night.

Prosecutors showed the jury security video from the night of the incident and graphic photos of Stacks in the hospital before his death despite objections from Mosley’s defense team.

Witness Shelby Burkes, who was manager at Conono the night of the robbery, said that Mosley left with nearly $1,700.

In the tapes, he appears to drop some money over Stacks as he is standing over him after the gun 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.

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.