Man charged with killing boy, 13, likely selling house [Milwaukee Journal Sentinel]

July 05--The man charged with killing his 13-year-old next-door neighbor over a suspected theft from the man's home may already have sold the house to pay for his prominent criminal defense attorney, according to court records.

The family of the victim, Darius Simmons, fears that the man's family or agents may already have been getting rid of other assets that Simmons' mother hopes to collect as damages in a wrongful death case.

John H. Spooner was charged with first-degree intentional homicide in the May 31 shooting in the 1900 block of W. Arrow St. He has pleaded not guilty.

Simmons' mother, Patricia Larry, who Milwaukee police say witnessed her son's death, sued Spooner and his home insurer last week. The lawsuit cites claims for battery and intentional infliction of emotional distress and seeks unspecified compensatory and punitive damages.

Larry's attorney, Jonathan Safran, also 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 with First Weber for $23,000, cash offers only.

The same attorneys who represent Spooner on the criminal case, Franklyn Gimbel and Steven McGaver, along with another lawyer from their firm, Thomas E. Brown, opposed Larry's effort to have the temporary restraining order granted without a hearing.

The attorneys couldn't be reached for comment Wednesday.

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 remains jailed in lieu of $300,000 bail. Initially, Gimbel indicated that a plea deal in the case was unlikely because even a short prison term would amount to a life sentence for Spooner, who says he is dying of lung cancer, and that a vigorous defense was planned.

But at Spooner's last court appearance, his attorneys indicated that they questioned his mental health and wanted to get him an independent psychological evaluation.

His next court date is set for Aug. 2.

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