John Spooner to undergo mental evaluation, case to remain in Milw. Co.

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MILWAUKEE (WITI) — A Milwaukee County judge denied a request for John Spooner’s case to be moved out of Milwaukee County during a motions hearing Monday morning, January 14th. However, the judge did grant a request for a mental evaluation.

The lawyer for John Spooner requested a change of venue in court on Monday, November 19th. The request was made because the lawyer is concerned about pretrial publicity in the case tainting the jury pool.

Spooner is charged with first-degree intentional homicide for allegedly shooting and killing Darius Simmons, over allegedly stolen guns on May 31, 2012.

Spooner is accused of confronting Simmons as he was taking out the trash. Spooner reported his home was burglarized and items were taken, including some shotguns.  Officials say Spooner reportedly believed “his next-door neighbor” was to blame.

According to court documents, when Simmons’ mother told Spooner her son didn’t burglarize his home, she says the man pulled out a gun and shot her son from just a few feet away.  Investigators say Spooner admitted to shooting the boy.  Spooner was arrested immediately and remains behind bars.

Spooner’s attorney said his client does not comprehend what the crime is against him and insists that he is not guilty.  He entered an insanity plea in December on his client’s behalf.

Spooner could face life in prison if convicted. 

The jury trial is set to begin on Monday, May 6, 2013.

Monitor FOX6 News and FOX6Now.com for updates on this developing story.

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