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Wed July 17, 2013
Jury Convicts 76-year-old Milwaukee Man of Killing Young Neighbor
A Milwaukee jury has found John H. Spooner guilty of first-degree intentional homicide, for shooting to death 13-year-old Darius Simmons. Now the court must decide Spooner's mental state.
After prosecutors concluded their arguments Wednesday morning, defense Attorney Franklyn Gimbel did not call witnesses and Spooner did not testify. He is pleading insanity, so now his legal team will attempt to convince the jury the 76-year-old was not mentally competent at the time of the killing.
Police say Spooner told them he shot the teenager on the sidewalk, because Spooner wanted his stolen shotguns returned. A video of the 2012 shooting was made public Tuesday.
The burden of proof, during the second phase of the trial, shifts to the defense.