07/23/2013 UDPATE:

MILWAUKEE (AP) _ A 76-year-old Milwaukee man who shot and killed his teen neighbor after accusing the boy of burglary has been sentenced to life in prison with no chance of parole.

John H. Spooner was convicted last week of first-degree intentional homicide. He acknowledged shooting 13-year-old Darius Simmons in the chest last year while the teen's mother watched.

At a sentencing hearing Monday, Judge Jeffrey Wagner denied Spooner the possibility of parole.

Darius' mother, Patricia Larry, says justice was served when the jury rejected Spooner's insanity plea. She still has a pending wrongful-death lawsuit against Spooner.

Some of Spooner's shotguns were stolen in a break-in at his home two days before he killed Darius. Spooner told the jury he suspected the teen. Police searched Darius' home and didn't find the weapons.



MILWAUKEE (AP) _ A jury says a Milwaukee man who fatally shot his teenage neighbor whom he suspected of burglary was not insane when he pulled the trigger.

The same jury earlier convicted 76-year-old John Henry Spooner of first-degree intentional homicide. That verdict led to a second phase of the trial in which jurors were asked to determine whether he was mentally ill at the time.

They agreed that he was sane when he killed 13-year-old Darius Simmons.

Two doctors testified that Spooner's anger issues and aggressive impulses didn't constitute a mental defect.

Spooner has said he killed Darius because he thought the boy had broken into his home and stolen $3,000 worth of guns. Police searched Darius' home and didn't find the weapons.

Spooner now faces a mandatory life sentence.