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76-year-old faces trial for shooting teenage neighbor


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#1 NanuqoftheNorth

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Posted 15 July 2013 - 11:16 PM

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AP Photo: Rick Wood, Milwaukee Journal-Sentinel

John H. Spooner is escorted into court on Monday, June 11, 2012, for a hearing at the Criminal Justice Facility in Milwaukee.

 

 

Jury selection began Monday in the case of a 76-year-old white man charged with gunning down a 13-year-old black boy last year on a Milwaukee sidewalk over a theft allegation.

 

Spooner suspected Simmons of breaking into his Milwaukee home and stealing guns, prosecutors said. Spooner confronted the teen on the sidewalk two days after the weapons came up missing and demanded that he return them. When Simmons denied stealing anything, Spooner shot him in the chest from five feet away as the teen's mother watched, according to the criminal complaint.

 

Spooner then fired a second shot as Simmons tried to run away, the complaint said. Police recovered a weapon and two spent bullet casings.

 

Spooner's defense attorney, Franklyn Gimbel, conceded that Spooner shot Simmons but said he would argue that he didn't intend to kill the boy. Gimbel also said he had an expert who would testify that Spooner had a mental illness at the time of shooting that prevented him from knowing right from wrong.

 

The morning of the shooting, Spooner and Milwaukee Alderman Bob Donovan ate breakfast together. Donovan said Spooner told him he had lost $3,000 worth of shotguns in a burglary that week and was frustrated with police. He also told Donovan that he was dying of lung cancer, Donovan said.

 

Police had forced the teen's grieving mother, Patricia Larry, to sit in a squad car for more than an hour rather than let her hold her dying son or join him at the hospital. Officers also searched the mother's home for the allegedly stolen firearms, which were not found, and they arrested another one of her sons on a year-old truancy violation.

 

Milwaukee Police Chief Edward Flynn defended his officers' actions, saying investigators only get one chance to collect evidence and interview witnesses at the scene. He said that means keeping witnesses apart to prevent them from talking, even family members who are mourning and want to be together.

 

In this case, Simmons' mother was a primary witness, Flynn said. "I wish it had been the mailman," the chief said. "But it wasn't. It was the mom."

 

http://news.msn.com/...eenage-neighbor

 

 

 

 

 

 



#2 PhillyB

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Posted 15 July 2013 - 11:25 PM

that's about as clear cut as you can get. easy conviction



#3 NanuqoftheNorth

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Posted 15 July 2013 - 11:32 PM

Gimbel also said he had an expert who would testify that Spooner had a mental illness at the time of shooting that prevented him from knowing right from wrong.

 

Why was this man allowed to possess firearms if this was a known issue?



#4 Keep Pounding

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Posted 16 July 2013 - 12:01 AM

Damn that is some sad ass poo.



#5 BBQ&Beer

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Posted 16 July 2013 - 12:21 AM

Wait... Wait, Wait, Waitwaitwait...

Guy accuses kid of stealing guns.
Kid denies stealing guns.
Guy shoots kid while mom watches.
Police come on scene asks what happened.
Guy says "kid stole my guns so I shot him!"
Police put kids mom into squad car while they search the house?

This makes sense how?

#6 NanuqoftheNorth

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Posted 16 July 2013 - 01:09 AM

 

Milwaukee Police Chief Edward Flynn defended his officers' actions, saying investigators only get one chance to collect evidence and interview witnesses at the scene. He said that means keeping witnesses apart to prevent them from talking, even family members who are mourning and want to be together.

 

 

Got it Chief, you have official police procedures. 

 

However, at what point as a leader do you realize her son stands an excellent chance of dying and reevaluate your priorities to permit a mother to hold her son in his final minutes of life?



#7 rodeo

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Posted 16 July 2013 - 01:17 AM

My question is, if the search of the house had actually turned up the stolen guns, would that make shooting the kid point blank in the chest justifiable in some way? If not, what was the urgent need to detain the mother while the house was searched?



#8 TheRed

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Posted 16 July 2013 - 01:21 AM

This is just disgusting. Those cops should be fired, and send the police chief packing with them.

#9 Cpt slay a ho

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Posted 16 July 2013 - 01:58 AM

Everyday America sadly, America has its perks but also there's a downside



#10 twylyght

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Posted 16 July 2013 - 03:32 AM

1st degree murder.  Easy call



#11 ARSEN

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Posted 16 July 2013 - 06:05 AM

That's fuged up... I hope he goes to jail and not mental institution. No way it's justifiable shooting 13 years old.

#12 ARSEN

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Posted 16 July 2013 - 06:07 AM

1st degree murder. Easy call


It will be hard to prove 1st degree. More likely 2nd degree.

#13 MadHatter

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Posted 16 July 2013 - 06:45 AM

Got it Chief, you have official police procedures. 

 

However, at what point as a leader do you realize her son stands an excellent chance of dying and reevaluate your priorities to permit a mother to hold her son in his final minutes of life?

 

Agreed.

 

i fully understand why this is standard procedure....you want uninfluenced witness testimony.  But, that just SUCKS for his mom.  To know that her son is probably dying and having to watch it from afar, rather than being able to hold her son in her arms.

 

My heart goes out to her......and I hope they fry the dumb SOB that shot him.



#14 MadHatter

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Posted 16 July 2013 - 06:46 AM

1st degree murder.  Easy call

 

Unlikely to be first degree murder....that requires premeditation. 

 

This action was not planned, it happened at a heated moment.  Clear cut 2nd degree murder in my opinion.



#15 MadHatter

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Posted 16 July 2013 - 06:49 AM

My question is, if the search of the house had actually turned up the stolen guns, would that make shooting the kid point blank in the chest justifiable in some way? If not, what was the urgent need to detain the mother while the house was searched?

1.  No, it should not have mattered and the guy is a POS even IF the kid had stolen them.

2.  However, they were required to investigate the allegation of a theft....I just question the timing of it

3.  Standard procedure to separate witnesses and involved parties to not have contaminated testimony.  But, to do so while her son lay dying was brutal.  Should have made an exception to procedure in this case.




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