SMITH COUNTY — Prosecutors will continue to present their case against Damian Mosley in the second day of his capital murder trial for killing Billy Stacks back in January 2017 during a gas station robbery. According to our news partner KETK, opening statements were given and then over 10 state witnesses testified to help establish the basic facts of the case. Smith County DA Jacob Putman gave a near 30-minute opening statement, talking about how Stacks, 62, worked at the gas station for over 13 years.
He also described how cold and calculating Mosley was in committing the murder during the robbery and security footage would show nearly no remorse by Mosley after shooting Stacks in the head.
Defense attorneys in a much briefer opening statement did not deny that Mosley was the shooter for the robbery, but argued that the gun went off accidentally after a brief struggle. They argued that this made Mosley guilty of felony murder, not capital murder. The difference between the charges would be vastly different for sentencing purposes. If only convicted of felony murder, Mosley would face up to life in prison, not the death penalty. If he is convicted of capital murder, under Texas law he can only be sentenced to either life without parole or the death penalty. Putman has already indicated that he intends to have Mosley executed.
Thursday’s testimony was spent establishing how the investigation began and Stacks’ condition after the shooting and just before he died.