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Milwaukee defendant not to testify in fatal shooting

Published On: Jul 17 2013 11:33:26 AM CDT   Updated On: Jul 17 2013 11:33:40 AM CDT

The Milwaukee man accused of fatally shooting his teenage neighbor whom he accused of burglary has chosen not to testify on his own behalf.

John Henry Spooner, 76, is accused of killing 13-year-old Darius Simmons last year outside their homes. Prosecutors showed a video Tuesday in which Spooner told detectives he shot the boy because he wanted his stolen shotguns back.

The prosecution wrapped up its case Wednesday morning. Defense attorney Franklyn Gimbel didn't call any witnesses, and Spooner declined to testify.

Gimbel concedes that Spooner shot the boy. He said the legal issues are Spooner's intent and his mental competence.

If Spooner is found guilty, the trial advances to a second phase to determine whether he was mentally ill at the time of the shooting.

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