Testimony Begins in Capital Murder Trial - KCBD NewsChannel 11 Lubbock

Testimony is now underway in the capital murder trial of Darold Simmons, who is accused of fatally stabbing Ross Bennie Mosley.

Police found Mosley, 72, lying in the front yard of a home in the 1900 block of East Cornell in February 2007. Police later caught Simmons allegedly sexually assaulting a female cab driver in her vehicle.

During opening arguments, prosecutors told jury members that Mosley was walking home after a night of playing cards. They claim Simmons planned the attack, saying he robbed Mosley, then stabbed him and left him to die.

Defense attorneys say this is a tragedy on both sides, and called the events leading to Mosely's death a sad set of circumstances.  

Prosecutors are not seeking the death penalty in this case.