John Spooner's attorney questions client's mental health

MILWAUKEE (AP) -- The attorney for a Milwaukee man accused of shooting and killing his 13-year-old neighbor as the boy's mom watched is questioning his client's mental health.

Online court records say attorney Frank Gimbel was in court Wednesday, June 20th for a scheduling conference. The records say he asked for an independent mental-health evaluation of his client, 75-year-old John Spooner.

A message left with prosecutor Denis Stingl was not immediately returned.

Spooner has pleaded not guilty to first-degree intentional homicide in the death of 13-year-old Darius Simmons on May 31.

Darius Simmons

Prosecutors say Spooner accused the boy of stealing his firearms, and shot the boy in the chest when he denied being the thief.

The shooting happened in front of the boy's home as his mother watched.

A scheduling conference is set for Aug. 2nd.

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