The Fifth District Court of Appeals in Dallas has upheld the capital murder conviction of Jamarco Blanton, confirming that the evidence fully supported the jury’s finding that he shot and killed convenience store owner Fahed Fatayri during a robbery at the Mom & Pops store in Terrell.
In a memorandum opinion issued on December 3, 2025, the court rejected all four of Blanton’s appellate arguments and affirmed his sentence of life without parole.
Background of the Case
According to court records, the shooting occurred on May 12, 2023, after Blanton entered the Mom & Pops gas station with two other individuals. Surveillance video and witness testimony revealed Blanton taking a package of sunflower seeds, placing them in his pocket, and attempting to leave without paying. When Fatayri confronted him and stepped between Blanton and the door, the two exchanged gunfire. Fatayri was struck in the chest and later collapsed inside the store.
Police arrested Blanton moments later nearby after an officer spotted him running away. He was found carrying an unopened package of sunflower seeds. Investigators later recovered a discarded gun from a storm drain that contained Blanton’s DNA and matched the bullet that killed Fatayri.
A Kaufman County jury convicted Blanton of capital murder in 2024, determining that he intentionally caused Fatayri’s death “in the course of committing robbery.” The conviction carried a mandatory life sentence.
Court Rejects Claims of Trial Error
On appeal, Blanton raised four issues:
1. Self-Defense Instruction
Blanton argued that the trial judge improperly refused a self-defense jury instruction. However, the appellate court disagreed, stating that Texas law does not permit a self-defense claim for a defendant who is committing or attempting a robbery, and that Blanton did not meet all elements of the crime necessary for such an instruction.
2. Sufficiency of the Evidence
Blanton challenged whether the evidence sufficiently proved that a robbery occurred. The court found that the video, witness testimony, and physical evidence created a clear connection between the theft and the shooting—specifically that Blanton shot Fatayri to facilitate the theft of the sunflower seeds.
3. Admission of In-Custody Video
Blanton also contended that a video containing statements he made while in custody violated Texas Code of Criminal Procedure 38.22. The appeals court ruled that the issue was not preserved at trial because the defense never made a specific 38.22 objection, and therefore, the argument could not be considered on appeal.
4. Admission of Photograph
Finally, the court rejected Blanton's argument that a photograph of Fatayri after the shooting was unfairly prejudicial. The justices determined that the image was consistent with witness testimony and fell within Rule 403’s provisions for relevant photographic evidence.
Conviction Affirmed
With all four issues overruled, the Fifth Court of Appeals affirmed the trial court’s judgment, leaving Blanton’s life-without-parole sentence intact.
