Darius Simmons Murder: John Henry Spooner, Wis. man guilty of killing teen neighbor, testifies shooting was act of "justice"
(CBS/AP) MILWAUKEE- John Henry Spooner, a 76-year-old Milwaukee man found guilty this week of fatally shooting his 13-year-old neighbor whom he suspected had broken into his home, testified that the shooting was an act of "justice," during the competency phase of his trial Thursday.
"I wouldn't call it revenge; I would call it justice," Spooner said in a courtroom filled with family members of his victim, Darius Simmons, the Milwaukee Journal Sentinel reports.
The remark drew audible gasps in courtroom. Darius' mother, Patricia Larry, threw up her hands and muttered, "Oh my god."
Spooner went on to testify that "something snapped" on the day he decided to confront Simmons on accusations that he and his 18-year-old brother had burglarized his home and stolen shotguns two days prior.
"I wanted those shotguns back. They were a big part of my life," Spooner testified, according to the paper. "If what I did was in cold blood, what do you think about these kids robbing a sick old man?"
The paper reports police searched Simmons' home after the shooting and found none of the guns Spooner said were missing.
In response to questioning from his attorney, Franklyn Gimbel, Spooner said he didn't know whether he intended to kill Simmons. However, in cross-examination, Spooner told Assistant District Attorney Mark Williams during cross-examination that he didn't feel "that bad" about shooting the 13-year-old.
When asked by Williams whether he intended to kill Simmons and why he fired a second shot at him, which missed, Spooner said, "I don't know," according to the paper.
A jury convicted Spooner of first-degree intentional homicide on Wednesday in the May 2012 killing of Simmons. Surveillance video taken from Spooner's own security cameras showed him confronting the teen that morning, pointing a gun at him from about 6 feet away and shooting him in the chest.
Spooner had entered two pleas to the homicide charge: not guilty and not guilty by reason of mental disease or defect. That set up the trial to be conducted in two phases: one to determine whether he was guilty of the homicide, and if so, a second to determine his mental competence at the time.
Although Spooner's attorney, Franklyn Gimbel, had reportedly tried to convince him to not take the stand, Spooner insisted. According to the paper, prior to Spooner's testimony Thursday, Gimbel argued in court that his client was "not competent to proceed further" with the trial. He said the insanity portion of the trial had "triggered a reaction" from his client, similar to the period of time in which he shot Simmons.
The trial was briefly halted and Spooner was examined by psychiatrist John Pankiewicz, the paper reports. Pankiewicz later testified that Spooner "did not lack substantial mental capacity to understand the charges against him or to assist in his own defense."
The trial then proceeded with Spooner's testimony.
Several psychiatrists and psychologists have also been called to testify in the competency phase of the trial. Testimony is expected to conclude Friday with one final witness - court-appointed forensic psychiatrist Robert Rawski. Closing statements will follow and then the case is expected to go to the jury.
Complete coverage of the Darius Simmons murder on Crimesider