MILWAUKEE (AP) — A jury is deciding whether a Milwaukee man who fatally shot his teenage neighbor after accusing him of burglary actually meant to kill the boy.
The defense attorney for 76-year-old John Henry Spooner concedes his client killed 13-year-old Darius Simmons last year outside their homes. But lawyer Franklyn Gimbel says Spooner didn't have a "mental investment in what he was doing."
Prosecutors showed a video Tuesday in which Spooner tells detectives he shot the boy because he wanted his stolen shotguns back.
If Spooner is found guilty, the trial will advance to a second phase to determine whether he was mentally ill at the time of the shooting. Spooner didn't testify in the first phase, and Gimbel says he won't testify in the second phase either.