DaRoyce Mosley does not deny walking into a Kilgore bar intending to hold up the place with a partner but says he fled when his uncle fired a shot that crippled the woman bartender and was not responsible for the four other people who were gunned down execution-style.
"After the first shot, I ran," he said recently from Texas' death row. "I turned around and ran out."
Mosley, however, confessed to the slayings after he was picked up by police, and the confession he said he wrongly gave to officers after long intense questioning helped convince a jury in Gregg County in East Texas to convict him in the death of Patricia Colter, 54, and decide he should die.
"It was stupid, just silly," said Mosley, 32, who was set for execution Tuesday evening. "It's easy to look back now and realize the mistakes I made. That was mainly my downfall. You had that statement."
Mosley, 32, would be the 22nd Texas inmate executed this year and the first of three on consecutive days this week in the most active capital punishment state in the U.S.
A clemency petition for Mosley was denied by the Texas Board of Pardons and Paroles. His lawyers were in the state courts trying to get the execution delayed, arguing in an appeal filed late Monday to the Texas Court of Criminal Appeals that Mosley's uncle, Ray Don Mosley, was responsible for shooting Sandra Cash, the lone survivor, threatening his nephew and ordering him to fire the fatal shots 13 years ago.
Cash refused to elaborate on what DaRoyce Mosley did after the threat, saying only that he "deserved to die for ruining her life and for being involved in the killings of those people," according to an affadavit from attorney John Weigel.