TYLER, Texas (KETK) – A jury will begin deliberations on Wednesday at 9 a.m. to decide whether a Tyler man will be executed or spend the rest of his life behind bars.
114th District Court Judge Christi Kennedy postponed the debate after both prosecutors and the defense team finished their closing arguments just after the lunch break Tuesday afternoon.
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.
Dameon Mosley, 28, was convicted last week for the murder of Billy Stacks, 62, while he was robbing a Conoco gas station in Tyler back on January 28, 2017.
Mosley was charged with capital murder for the crime and he pled not guilty. His lawyers argued he should have been charged with felony murder and said that the gun accidentally went off during a struggle.
After a three day trial, the jury of seven men and five women convicted Mosley after just over an hour of debate. Over the course of the trial, Mosley has shown little emotion and has rarely spoken.
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 made it to trial. 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.