On February 15, 1997, Kenneth Mosley entered a Bank One, where one of the tellers, recognized Mosley from a previous robbery at the bank. The teller informed her manager who walked out to see Mosley and recognized him from tapes of the other robbery. The manager returned to her office, pushed the alarm button, and called the bank security department and 9-1-1.
The bank manager met uniformed Officer David Moore outside the bank and described Mosley to him. Moore approached Mosley, noticing that his hand stuck in his waistband and said “I would like to speak with you.” When Officer Moore told Mosley to show him his hands. Officer Moore touched Mr. Mosley’s arm and words were exchanged. Mosley then pulled a gun from underneath his shirt. Several shots rang out and Officer Moore shoved Mosley through a nearby window. They fell to the ground into one of the drive-through lanes. A witness from across the street saw Mosley pause to look around, point a gun at Officer Moore and shoot him five times.
Mosley began to walk away from the bank but was spotted by a second officer, Murfee, who ordered Mosley to stop, drop the gun, and get on the ground. Mosley turned as if to shoot. The officer shot Mosley once in the wrist, and Mosley dropped the gun. Mosley then complied with the officer’s directive to get on the ground.
Officer Michael Moore died the afternoon from the shooting.
Mosley claimed at trial that he walked into the bank unaware that he had a gun in his pocket and then remembered that he had it when the police officer asked him what was in his hand. He claimed that he tried to pull the gun only to get rid of it and in the struggle, he shot the officer. However, Mosley pointed his gun at the officer and shot him several times while he was on the ground outside the bank after the struggle. Mosley admitted that he was aware of the risks involved in pulling a gun in a crowded bank in front of a police officer.
At the time of his arrest, Mosley was wanted in the Dallas area for holding up a fast-food restaurant where he once worked.
At his trial, Mosley’s lawyers argued the shooting was accidental. They said Mosley was trying to surrender the weapon when it went off five times, with four of the shots hitting Moore. A witness testified that she saw Mosley stand over the fallen officer and continue shooting.
During the trial’s punishment phase, the State presented evidence that Mosley had raped a woman but had not been convicted for it. The State also introduced evidence of prior robberies and thefts committed by Mosley, including a previous robbery of the same bank where Officer Moore’s murder occurred. Further, the State presented evidence that Mosley was disruptive in jail and threatened jailers, specifically saying on one occasion, “it would make my day to kill another cop.”