TYLER, Texas (KETK) – Prosecutors are nearing the end of their case Tuesday against Dameon Mosley during day three of his capital murder trial and could rest by the end of the day.

Smith County District Attorney Jacob Putman made the announcement before Judge Christi Kennedy early Friday morning just before the second day of testimony.

Mosley is accused of fatally shooting 62-year-old Billy Stacks back in January 2017 while he was robbing the Conoco gas station on Loop 323 in Tyler. Putman said early on in the case that he would be seeking the death penalty.

Defense attorneys for Mosley have never denied that he was the shooter during the robbery, but argued during opening statements that the gun accidentally went off during a brief struggle with Stacks.

They said this would make him of felony murder, not capital murder. If found guilty of simple felony murder, Mosley would face 5-99 years in prison.

If he were to be convicted of capital murder, the only sentencing options for Mosley would either be life in prison without parole or the death penalty. Under Texas law, this would be decided by the jury.

On Friday, the most emotional testimony came from Mosley’s girlfriend at the time Jennifer McDonald. She said that she was in love with Mosley at the time of the murder.

The morning after the robbery, she said that Mosley had his sister drive him to Dallas and he said that he had done something wrong but did not want to talk about it.

McDonald said that he was “scared” and said he wanted “to spend time with her before something happened to him.”

During a brief cross-examination, the defense highlighted Mosley’s emotional state after the shooting, possibly to show the jury that he was very remorseful and scared in the immediate aftermath.