Darius Simmons' Family Sues John Spooner For Wrongful Death In Shooting

Dec 8, 2004
49,036
21,077
693
Maine
#1


John Spooner, 75, is charged with fatally shooting his 13-year-old neighbor, Darius Simmons. Now, his family has filed a wrongful death lawsuit against the suspect.



Darius Simmons

MILWAUKEE -- The family of a 13-year-old boy who was fatally shot outside his Milwaukee home has filed a wrongful death lawsuit against the 75-year-old suspect and wants an order to prevent the man from disposing of his assets.

John Spooner has pleaded not guilty to a first-degree intentional homicide charge in the May 31 killing of Darius Simmons. Prosecutors say Spooner accused the boy of stealing his guns then shot him in the chest when he denied it.

Simmons' mother, Patricia Larry, who witnessed the shooting, sued Spooner and his home insurer last week in Milwaukee County. The lawsuit cites claims for battery and intentional infliction of emotional distress and seeks unspecified compensatory and punitive damages.

Larry's attorney, Jonathan Safran, sought a temporary restraining order to prevent Spooner or his family from disposing of his assets because Spooner's house was listed for sale, and family members or other agents for Spooner had been seen removing personal property from the house.

The house was listed at $23,000, cash offers only.

Spooner's attorneys opposed Larry's effort to have the temporary restraining order granted without a hearing. They argued that Spooner is entitled to hire defense counsel of his choice, even if he must sell his longtime home to pay for it.

At a hearing Friday, Circuit Judge Kevin Martens ordered that the house sale could go through but that proceeds should be set aside only for paying Spooner's attorneys, Safran said.

Spooner remained in jail in lieu of $300,000 bail.

His next court date is Aug. 2.


Link

Wonder what they expect to get out of a 75 year old guy that lives in a house worth 24k...

 

whiskeyguy

PR representative for Drunk Whiskeyguy.
Donator
Jan 12, 2010
36,412
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#3
Fuck the family. They may be entitled to compensation, but for this guy to get a fair defense, he needs to have money and if selling his house is necessary, he should be able to do so. Civil suits like this should only be legal after the criminal matter has been settled.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
42,152
9,442
768
#4
he should have just shot them all.
 

Ballbuster1

In The Danger Zone...
Wackbag Staff
Aug 26, 2002
103,083
16,688
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Your house, behind the couch
#5
Wonder what they expect to get out of a 75 year old guy that lives in a house worth 24k...
Every penny they can. If they stop the sale and win the suit they
rob the guy of any money for his own defense.

Honestly though, he's in a bad spot. If the kid wasn't armed and
he popped him over an accusation of theft, he's fucked.
 
Dec 8, 2004
49,036
21,077
693
Maine
#6
John H. Spooner Gets Life Term For Killing Darius Simmons




John H. Spooner, 76, was sentenced Monday to life in prison with no chance of parole

MILWAUKEE — A 76-year-old Milwaukee man who fatally shot his unarmed teenage neighbor was sentenced to life in prison Monday, days after telling the court he killed the boy for justice because he believed he stole his shotguns.

John Henry Spooner's home had been burglarized two days before the May 2012 shooting, and he suspected 13-year-old Darius Simmons as the thief. So he confronted the teen, demanded that he return the guns and then shot him in the chest in front of his mother when he denied stealing anything.
Spooner's own home surveillance cameras captured the shooting, and prosecutors aired the footage in court.

A jury found Spooner guilty of first-degree intentional homicide last week, a conviction carrying a mandatory life sentence. The judge could have allowed for the possibility of parole after 20 years, but rejected that option, citing Spooner's lack of remorse and desire to also kill the teen's brother.

Spooner, who has lung cancer and other physical ailments, will spend the rest of his life in prison.

While in court for his sentencing, Spooner spoke in a frail voice that was sometimes difficult to hear and reiterated that he felt he had little choice but to take the law into his own hands.

"They had to rob the house," he said. "Why'd they do that to me? ... They pushed me over the edge, I guess. I don't know. As far as being sorry, I don't know if I did right or wrong."

Judge Jeffrey Wagner replied sternly: "I can tell you, you did wrong. You took the life of a child."
The defense had argued that the killing might have been reckless but not intentional, and said Spooner didn't mean for the shot to be fatal.

The surveillance footage showed Spooner confronting Darius on a sidewalk, pointing a gun at the boy's chest and firing from a few feet away. Darius turned and fled, and then collapsed and died in the street moments later as his mother cradled him in her arms.

Spooner fired a second shot that missed. He tried to fire a third one but his gun jammed.

Darius' mother, Patricia Larry, has a wrongful-death lawsuit pending against Spooner.

Police searched Darius' home within hours of the shooting and didn't find Spooner's weapons.

Spooner testified at trial against his attorney's advice and said he killed the teen because he really wanted his guns back. He also acknowledged wanting to kill Darius' older brother when he ran to his sibling's aid as he lay dying in the street. But Spooner said he didn't shoot the brother because he didn't want to hit any of the others who had gathered around.

When prosecutor Mark Williams suggested Spooner killed Darius as revenge for having his guns stolen, Spooner replied, "I wouldn't call it revenge. I would call it justice."

Larry recalled those words from Spooner as she asked the judge to prevent him from ever being eligible for parole.

"I want him to be accountable for what he did to my son, Darius Simmons. I want him to have life in prison," she said at Monday's sentencing. "He showed no remorse and said justice was served. He is a menace to society."

The sentencing came about a week after former neighborhood watch volunteer George Zimmerman was acquitted in Florida in the February 2012 shooting death of Trayvon Martin, a black teen who was also unarmed. In the opening days of Spooner's trial in Milwaukee, the judge told the jury pool to separate the two cases.

During the trial, race – Spooner is white and Darius was black – was almost never mentioned, except when Spooner referred to his surveillance footage from the day of the burglary. It showed two black teenage males walking near his house from the direction of Darius' home. Their faces are difficult to identify and neither is carrying Spooner's guns.
Link

Realistically any sentence would have been a life sentence for him...
 

Ego

The Only Thing Bigger Than My Head
Feb 15, 2005
4,339
700
628
Elkton, MD
#7
The perfect retirement plan.
 

d0uche_n0zzle

**Negative_Creep**
Sep 15, 2004
46,710
6,873
693
F.U.B.A.R
#8
Cheaper than a nursing home. As long as you don't mind sub-par care.
 

Begbie

Wackbag Generalissimo
Jul 21, 2003
17,910
5,303
838
Wilmington, NC
#11


I hope my ears don't get that big when I get old. It happens to like, every old person though.
 

d0uche_n0zzle

**Negative_Creep**
Sep 15, 2004
46,710
6,873
693
F.U.B.A.R
#13
People don't consent to that free mint on their pillow when they stay at a hotel, but I don't hear them complaining.
The mint does not require 'consent'. If one does not wish to partake, one does not eat it.

I'm sure he'll be giving the best gumjobs till he OD's on the black spermz.
 

Ego

The Only Thing Bigger Than My Head
Feb 15, 2005
4,339
700
628
Elkton, MD
#14
AIDS? Who gives a shit? I'll be dead before my T-cells know it.