UPDATED: Monday, February 4, 2013 --- 10:05 a.m.
MILWAUKEE (AP) -- A Milwaukee man accused of killing his teenage neighbor has been found competent to proceed to trial.
A mental health expert who examined John Spooner testified Monday that the 76-year-old is competent to help with his defense.
Spooner is accused of fatally shooting 13-year-old Darius Simmons last May over an alleged theft. Defense attorney Franklyn Gimbel says he's concerned that Spooner's health has deteriorated to the point that he may not make it to trial in May.
The victim's family pastor, Rev. Steve Jerbi, says the competency finding is what they expected. He says the Simmons family is still feeling a lot of pain and heartache over Darius' death.
Copyright 2013: Associated Press
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UPDATED: Monday, February 4, 2013 ---- 8:25 a.m.
MILWAUKEE (AP) -- Mental health questions about a Milwaukee man accused of killing his teenage neighbor could be answered in court.
Seventy-six-year-old John Spooner is scheduled for an appearance in Milwaukee County Circuit Court Monday. Results of a mental health exam are expected to help a judge decide whether Spooner is competent to proceed to trial.
He's accused of fatally shooting 13-year-old Darius Simmons last May over an alleged theft.
Defense attorney Steve McGaver previously told Judge Jeffrey Wagner there's reason to believe Spooner might not be competent to proceed. The judge ordered that Spooner be evaluated by a mental health professional.
Copyright 2013: Associated Press
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UPDATED Monday, January 14, 2013 --- 10:53 a.m.
MILWAUKEE (AP) -- A 76-year-old Milwaukee man accused of shooting and killing his teenage neighbor will get a mental exam to determine whether he's competent to proceed to trial.
John Spooner was in court Monday for a motion hearing. He's accused of killing 13-year-old Darius Simmons last May over an alleged theft.
Defense attorney Steve McGaver requested a change of venue, arguing that pre-trial publicity would make it difficult for Spooner to receive a fair trial. Judge Jeffrey Wagner denied that motion.
McGaver also told the judge there was reason to believe Spooner might not be competent to proceed. The judge ordered that Spooner be evaluated by a mental-health professional.
Online court records say the doctor's report is due Feb. 4. The trial date was also pushed back two months, to May 6.
Copyright 2013: Associated Press
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UPDATED Thursday, August 2, 2012 --- 1:43 p.m.
MILWAUKEE (AP) -- The lawyer for a Milwaukee man accused of shooting and killing his teenage neighbor over allegedly stolen guns has entered an insanity plea on his client's behalf.
Defense attorney Franklyn Gimbel entered the plea Thursday on behalf of 75-year-old John Spooner. Spooner did not appear in court.
Gimbel says a mental-health professional who examined Spooner says he believes Spooner is suffering from mental disease.
Gimbel has until Aug. 16 to provide the doctor's report to prosecutors, who will then decide whether to have their own doctors examine Spooner.
Judge Jeffrey Wagner also told prosecutors that his son is married to the defense attorney's daughter. Wagner says he had no plans to recuse himself.
Prosecutor Denis Stingl says he'll consult with his colleagues to determine whether to seek a recusal.
Copyright 2012: Associated Press
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UPDATED: Thursday, August 2, 2012 --- 9:50 a.m.
MILWAUKEE (AP) -- The lawyer for a Milwaukee man accused of shooting and killing his teenage neighbor over allegedly stolen guns says his client plans to use an insanity defense.
The suspect is 75-year-old John Spooner. His lawyer appeared on Spooner's behalf at a court appearance Thursday.
Defense attorney Franklyn Gimbel says a mental-health professional who examined Spooner says he believes Spooner is suffering from mental disease.
Gimbel has until Aug. 16 to provide the doctor's report to prosecutors, who will then decide whether to have their own doctors examine Spooner.
Judge Jeffrey Wagner also told prosecutors that his son is married to the defense attorney's daughter. Wagner says he had no plans to recuse himself.
Prosecutor Denis Stingl says he'll consult with his colleagues to determine whether to seek a recusal.
Copyright 2012: Associated Press
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UPDATED Thursday, July 5, 2012 --- 7:25 a.m.
MILWAUKEE (AP) -- The family of a 13-year-old boy who was fatally shot outside his Milwaukee home has filed a wrongful death lawsuit against the 75-year-old suspect.
John Spooner has pleaded not guilty to a first-degree intentional homicide charge in the May 31 killing of Darius Simmons. Prosecutors say Spooner accused the boy of stealing his guns, and shot the boy in the chest when he denied it.
Milwaukee police say Simmons' mother, Patricia Larry, witnessed her son's death.
She sued Spooner and his home insurer last week in Milwaukee County. The lawsuit cites claims for battery and intentional infliction of emotional distress and seeks unspecified compensatory and punitive damages.
Spooner remains jailed in lieu of $300,000 bail.
The Milwaukee Journal Sentinel reports (http://bit.ly/NmuC6P ) his next court date is Aug. 2.
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Information from: Milwaukee Journal Sentinel, http://www.jsonline.com
Copyright 2012. The Associated Press.
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Updated Wednesday, June 13, 2012 --- 10:40 a.m.
MILWAUKEE (AP) -- Milwaukee's police chief is defending how his officers investigated the fatal shooting of a 13-year-old boy, saying police protocol has to focus on effectiveness over compassion.
Police Chief Ed Flynn told reporters Wednesday that the top priority of a homicide investigator is to get the facts immediately. That can mean keeping grieving family members apart, because police don't want witnesses talking to each other.
Milwaukee police drew criticism after Darius Simmons was shot and killed last month in front of his home. The family says police kept the boy's mother in a squad car for two hours rather than let her hold her son or join him at the hospital.
Flynn says the investigators' main concern is getting a conviction, and it's unfortunate that some investigative techniques seem uncompassionate.
Copyright 2012. The Associated Press.
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UPDATED Monday, June 11, 2012 --- 10:15 a.m.
MILWAUKEE (AP) -- A 75-year-old Milwaukee man will stand trial in the fatal shooting his 13-year-old neighbor.
John Henry Spooner pleaded not guilty during a short hearing on Monday and waived his right for a preliminary hearing.
He's charged with one count of first-degree intentional homicide in the death of Darius Simmons on May 31.
Spooner allegedly confronted the teen and demanded that he return items that had recently been stolen from Spooner's home. The boy told him he didn't have the property, but he allegedly shot the boy in the chest as the teen's mother watched.
Witnesses said Spooner then paced up and down the sidewalk until police arrived. A criminal complaint says Spooner admitted to the arresting office that he shot the teen.
A scheduling conference is set for June 20.
Copyright 2012. The Associated Press.
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UPDATED Monday, June 11, 2012 --- 7:30 a.m.
MILWAUKEE (AP) -- A 75-year-old Milwaukee man charged in the fatal shooting his 13-year-old neighbor is scheduled to be in court.
A preliminary hearing is set for Monday for John Henry Spooner for a judge to decide whether there's enough evidence for Spooner to stand trial. He's charged with one count of first-degree intentional homicide in the death of Darius Simmons on May 31.
Spooner allegedly confronted the teen and demanded that he return items that had recently been stolen from Spooner's home. The boy told him he didn't have the property, but he allegedly shot the boy in the chest as the teen's mother watched.
Witnesses said Spooner then paced up and down the sidewalk until police arrived and arrested him.
Copyright 2012. The Associated Press.
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UPDATED Sunday, June 10, 2912 --- 10:45 p.m.
MILWAUKEE (AP) -- They buried Darius Simmons between two tall maple trees, nine days after he was gunned down, allegedly by an angry neighbor who believed the 13-year-old had stolen his shotguns.
The Milwaukee Journal Sentinel reports the tragedy has torn at the city's racial sores: A black boy shot at close range, his alleged killer a 75-year-old white man now charged with first-degree intentional homicide. The boy and his family recently moved to the block; the man was a decades-long resident of a neighborhood that years ago changed from all-white to multiethnic.
And police are accused of treating the victim's family with a heavy hand. They left their house in disarray after scouring it in vain for the shotguns.
Mayor Tom Barrett, who has vowed an investigation, attended Saturday's funeral.
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UPDATED Saturday, June 2, 2012 --- 6:05 a.m.
Man, 75, charged in killing of teenage neighbor
MILWAUKEE (AP) — Neighbors of a 75-year-old Milwaukee man charged in the fatal shooting of a 13-year-old boy who lived next door say he had been a repeated target of break-ins.
John Henry Spooner was charged with one count of first-degree intentional homicide, use of a dangerous weapon. Spooner was arrested Thursday after waiting for police at the crime scene on Milwaukee's south side.
Police are investigating whether there was a history of disagreements between the man and boy. Police say the boy, identified as Darius Simmons, was unarmed when he was shot in the street outside their homes.
Spooner remained in jail. A phone message left at his home was not immediately returned Friday. It wasn't clear if he had an attorney yet. The case wasn't listed in Wisconsin's online court system.
Copyright 2012 The Associated Press.
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UPDATED Friday, June 1, 2012 --- 8:45 a.m.
MILWAUKEE (AP) -- Neighbors say an elderly Milwaukee man arrested for fatally shooting a 13-year-old boy who lived next door had been a repeated target of break-ins.
The 75-year-old man was arrested Thursday after waiting for police at the crime scene on Milwaukee's south side. Police say they're investigating whether there was a history of disagreements between the man and boy. Authorities say the boy was unarmed when he was shot in the street outside their homes.
Milwaukee Alderman Bob Donovan tells the Milwaukee Journal Sentinel (http://bit.ly/NkwwFD ) he met with the man earlier in the day over breakfast. Donovan says the man told him he had lost $3,000 worth of shotguns in a burglary this week, was frustrated with police and was dying of lung cancer.
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Information from: Milwaukee Journal Sentinel, http://www.jsonline.com
Copyright 2012. The Associated Press.
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Posted Thursday, May 31, 2012 --- 4:00 p.m.
MILWAUKEE (AP) -- Milwaukee police say a 13-year-old boy died after he was shot on the street near his home on the city's south side.
Police say a 75-year-old neighbor confronted the teen on the street, pulled out a gun and shot the boy around 9:45 a.m. Thursday. Police arrested the man and recovered the weapon.
Police say the boy was unarmed.
Police are investigating whether there was a history of disagreements between the man and the boy. Police say preliminary indications are that Wisconsin's so-called Castle Doctrine, passed last year, does not apply in this case. The law presumes someone acts reasonably when they use deadly force against an unlawful intruder to their home, business or vehicle.
The Milwaukee Journal Sentinel (http://bit.ly/NkwwFD ) reports police did not release any other information.
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Information from: Milwaukee Journal Sentinel, http://www.jsonline.com
Copyright 2012. The Associated Press.
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