UPDATE #2 (1:00 P.M.) – Dameon Mosley was found guilty of capital murder for the shooting of Tyler gas station clerk Billy Stacks back in January 2017.

The jury reached a verdict in less than 90 minutes and will now have to remain for a punishment phase.

They will decide whether Mosley will receive the death penalty or life in prison without parole. If given the death penalty, Mosley would be the first Tyler man to be handed the punishment since 2015.

Judge Kennedy has set the punishment phase to begin at 2 p.m. Wednesday afternoon.

UPDATE #1 (11:05 A.M) – Prosecutors presented in their closing arguments telling jurors to “use their common sense and… not to leave it at the door.”

They argued that Mosley clearly had the intent to kill Billy Stacks by engaging with him as well as stealing the money after shooting him.

Prosecutors pointed to security footage where Mosley does not appear to see if Stacks was still alive and did not call the police. They also argued that Mosley is guilty of capital murder, not simple felony murder as the defense is seeking.

Smith County DA Jacob Putman strongly argued that Mosley was guilty of capital murder and he showed the intent to kill by bringing in the loaded firearm.

“When someone shoots someone else in the head with a loaded gun, that is intent to kill every single time.”

Jacob Putman, Smith County DA

The defense argued that they are not trying to pull a con and that Mosley “was not a saint… he wasn’t there for charity.”

They brought up KeDarius Oliver’s testimony that after the robbery Mosley said: “I really didn’t want to shoot him.” The defense pointed to this as a sign that Mosley believed Stacks was still alive.

“Just because someone labels it something doesn’t make it so,” a defense lawyer said.

Lawyers for Mosley argued that the struggle between him and Stacks happened too fast for the intent to kill to be shown. They asked the jury to find him guilty of felony murder, instead of capital murder.

Simple felony murder would mean Mosley faces 5-99 years in prison. If convicted of capital murder, Mosley would face either the death penalty or life in prison without parole.

A Tyler man has not been sentenced to death since 2015.

TYLER, Texas (KETK) – Prosecutors and defense attorneys are set to give closing arguments Wednesday morning in the capital murder trial of Dameon Mosley.

The state rested on Tuesday after three days of testimony and the defense rested after less than one.

The jury will be charged with deciding whether Mosley, 28, is guilty of simple felony murder or capital murder in the shooting death of Billy Stacks, 62. Mosley shot Stacks during a robbery of a Tyler Conoco gas station back in January 2017.

Defense lawyers said in their opening statements back on November 7 that Mosley was the killer, but the gun went off accidentally during a brief struggle with Stacks. They argue that this would not make Mosley guilty of capital murder, which requires either a sentence of life in prison without parole or the death penalty.

In his opening statement back on Thursday, Smith County District Attorney Jacob Putman described security video where Mosley is standing over Stacks as he is dying and does not appear to react or offer him any help.

If Mosley were to be found guilty of felony murder, he would face 5-99 years. Judge Kennedy offered the jury the option for the lesser charge to be included for the deliberations.

After the robbery, the three took off in a getaway vehicle that headed up near HWY 271. By sheer luck, a responding Tyler PD officer spotted the car as it was leaving the area and began to pursue it.

He was able to locate the car with Mosley, KeDarius Oliver, and LaMarcus Hannah. Oliver and Hannah have also been charged with capital murder for their involvement but have not faced their trials.

No matter what charge the jury convicts Mosley of, the jury will have to remain for a sentencing phase to see how long Mosley will be behind bars.