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He faces charges that he fatally shot a black teen last year whom he suspected of breaking into his Milwaukee home and stealing weapons Spooner had entered two pleas to the homicide charge: not guilty and not guilty by reason of mental disease or defect.That set up the trial to be conducted in two phases: the first to determine whether he was guilty of the homicide, and if so, a second to determine whether he was mentally competent at the time.
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When she refused, the 60-year-old allegedly pushed her onto his bed.
Jarosik then fought back, prompting Simmons to knock her off the bed, the lawsuit alleges.
Moments later, Spooner points the gun back at the boy standing a couple of feet in front of him. Spooner paced up and down the sidewalk until police arrived a few minutes later. The shocking account came in the second day of Spooner's trial as jurors watched footage from the elderly man's own surveillance video, which showed him confronting Simmons on the sidewalk outside their houses, pointing a gun at the teen's chest and firing from just a few feet away.
Police officer Richard Martinez testified that he was handcuffing Spooner when Spooner acknowledged, 'Yeah, I shot him.''He didn't say, 'I killed the kid.' He didn't try to explain anything about the circumstances,' Gimbel said. But defense attorney Franklyn Gimbel said the two issues for the jury to decide are whether Spooner intended to kill the boy, and whether Spooner was suffering from mental illness that prevented him from knowing right from wrong at the time.
Spooner points a gun at Darius, who quickly moves back a few steps.
Spooner then exchanges words with Darius' mother, who's standing on her porch out of view of the camera, and Spooner briefly points the gun in her direction. Darius runs away and he shoots again.'Yesterday Patricia Larry testified that John Henry Spooner, 76, warned her son, Darius Simmons, that he'd teach him not to steal before he fired a single shot into the boy's chest, killing him, in May 2012.The second phase of the trial operates under slightly different rules.The burden of proof shifts to the defense, which only has to prove 'clear and convincing evidence,' instead of the stricter standard of 'beyond a reasonable doubt.' In addition, a verdict requires agreement from only 10 jurors, not unanimity from all 12.'To have a boy who's taking out the garbage at 10 in the morning murdered should shock the conscience of the state.'‘I looked out the door and saw the mother kneeling over her boy at the curb, screaming, 'my son!' and the old guy was standing right over there by the stop sign with his dog, just waiting,’ Ms. Simmons said in a statement that the allegations in the suit are 'absolutely untrue.''I look forward to having my day in court - where, unlike the court of public opinion, I will have the ability to make use of fair processes that ensure that justice will be done and that the full truth will be known,' Simmons said in a statement.