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DaRoyce Mosley
DaRoyce Lamont Mosley, 32, was executed by lethal injection on 28
August 2007 in Huntsville, Texas for the murder of four people while
robbing a bar.
Just before midnight on 21 July 1994, Sandra Cash, a waitress at
Katie's Lounge in Kilgore, was closing up for the night, placing the
evening's receipts in a fishing tackle box. The were four customers in
the lounge: Patricia Colter, 53, her husband Duane Colter, 44, her
ex-husband Alvin Waller, 54, and Luva Congleton, 68. Suddenly, Mosley,
then 19, his uncle, Ray Don Mosley, 31, and Marcus Smith, 16, burst in
wearing toboggan hats and brandishing handguns. Ray Don approached
waitress Sandra Cash and said, "Give me the money, you white bitch."
Cash slid the tackle box containing $308 toward Ray Don. He then fired
a shot that struck her hand, which she was holding near her face, then
he shot her in the stomach. DaRoyce then shot the four customers. The
Colters and Congleton were each shot once in the back of the head.
Waller was shot twice in the head and once in the thigh. All four
customers died. Cash survived and called 911. She was permanently
paralyzed from the chest down.
The next day, the police received several tips about the crime. Ricky
Wheat, who lived across the street from Katie's Lounge, informed the
police that Ray Don and DaRoyce Mosley and Marcus Smith were talking
with him outside his residence on the night of the murder, and that
Ray Don had a gun. He said Ray Don told him there was some money in
the area and he had to have it. The Mosleys and Smith then left, and
returned about thirty minutes later with a tackle box. They requested
a ride to the home of Christopher "Kaboo" Smith, who was Marcus
Smith's cousin and DaRoyce Mosley's best friend.
Christopher Smith told police that on the evening of the murders,
DaRoyce Mosley was at his residence with a gun. He left, then later
returned with Ray Don and Marcus. Kaboo said that Ray Don stated they
had killed people in Katie's Lounge. Kaboo expressed disbelief, to
which DaRoyce replied, "We did it." DaRoyce then divided the money
evenly between the four of them, with each person receiving $77.
The next day, police pulled over DaRoyce, who was driving with his
brother and the Smith cousins, and asked them to come to the police
station to answer some questions. They agreed. Mosley was asked about
the lounge murders and denied any involvement in the crime. Later that
evening, however, the police arrested Mosley based on information they
received from Marcus Smith. He then admitted to shooting two of the
victims at Katie's Lounge. In a third statement, however, he admitted
being present but denied shooting anyone. He also informed the police
that he wore a toboggan hat during the crime, and had thrown it into
the woods near Ricky Wheat's residence.
Mosley then accompanied police in searching for the hat. The hat was
found, and a glove was found near it. Mosley then admitted to wearing
a glove during the robbery. The police informed him that the glove
could be examined for residue which would indicate whether the person
wearing it had fired a gun, and asked Mosley if he would like to add
anything to his statements. Mosley then gave his fourth and final
statement. He said that Ray Don went in first and shot the waitress.
The customers were all sitting at a table. After his uncle fired a
shot, he then shot one of the female customers in the back of the head
from about five feet away. The other woman got up and ran under a pool
table. DaRoyce stated that Ray Don ordered him to shoot all of them or
get shot, and that he was pointing a gun at him. DaRoyce then shot a
male customer who was still sitting at the table, then he bent down
next to the pool table and shot the other woman twice. He said that
the second man was coming toward him with a pool cue, and he shot him
three times. He stated that Marcus Smith left after the shooting
started and met back up with them across the street after it was over.
When Ray Don confronted Smith about leaving, he replied that he was
trying to steal them a car.
At age 19, Mosley had no prior criminal record. In high school, he was
on the student council, played sports, and made the honor roll. He
then went on to attend Kilgore College. He said that peer pressure
from others in his neighborhood prompted him to accompany his uncle on
the robbery.
A jury convicted DaRoyce Mosley of the capital murder of Patricia
Colter in October 1995 and sentenced him to death. The Texas Court of
Criminal Appeals affirmed the conviction and verdict in May 1998. All
of his subsequent appeals in state and federal court were denied.
Ray Donald Mosley, who had a prior history of theft, trespassing, and
interfering with police apprehension, and was on parole at the time of
the murders, pleaded guilty to murder and was sentenced to life in
prison. Marcus Smith was given a two-year sentence.
In an interview from death row the week before his execution, Mosley
claimed that he ran from the lounge when the shooting started. "I
turned around and ran out, and here I am. It's a messed-up situation
all around."
"It'd be easier if I did it," Mosley said, referring to his upcoming
execution. "If I killed four people, I'd deserve it and I'd prepare
for it. But that's not the case with me." He said that he turned down
a plea deal for three life sentences. "I figured I'd be found not
guilty. If anything, it'd be armed robbery. It didn't work out."
Mosley's execution was delayed for about five hours while the U.S.
Supreme Court considered his final appeal. In his last statement, he
expressed encouragement to his family and to his fellow death row
inmates. The lethal injection was then started. Mosley remarked, "I
can taste it." He was pronounced dead at 10:57 p.m.

By David Carson. Posted on 29 August 2007.
Sources: Texas Department of Criminal Justice, Texas Attorney General's office, Associated Press, court documents.
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