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Prosecution could rest in John Spooner trial Wednesday

Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

MILWAUKEE (WTAQ) - The first phase of John Spooner’s trial could be wrapped up Wednesday in Milwaukee.

Spooner is the 76-year-old white man charged with killing his black neighbor Darius Simmons last year, over guns the defendant accused the 13-year-old victim of stealing.

Prosecutors say they’ll rest their case after calling a medical examiner and a ballistics expert.

Simmons’ mother – Patricia Terry – testified Tuesday that she watched from her front porch as Spooner pointed a gun at Darius, told him to put his hands up, said a few words to him, and then shot him.

Terry said her son was unarmed and did nothing to provoke Spooner – who told the youngster he was going to teach him not to steal.

Spooner has pleaded insanity. The defense is expected to wait until after jurors decide on Spooner’s guilt, before making its case that Spooner was insane at the time of the killing.

Defense lawyer Franklyn Gimbel concedes that his client shot the teen – but he said Spooner didn’t plan to do it, and there’s not enough evidence to support his first-degree intentional homicide charge.

The prosecution said the intent was clear. They showed jurors a video of the shooting, taken from Spooner’s private surveillance camera.

Tuesday, Yahoo’s home page called the case “the next George Zimmerman trial.”

On Monday, the judge told prospective jurors the Spooner case was much different than the Florida case in which Zimmerman was acquitted of killing unarmed black teen Travon Martin. 

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