Wis. Man, 76, Guilty in Fatal Shooting of Teen, Darius Simmons

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Darius’ mother, Patricia Larry, testified that she chased her son to where he collapsed in the street, cradling him in her arms as he died.

“I pulled his shirt up and I (saw) he had a bullet hole in his chest,” she testified tearfully. “He took one more breath and that’s it.”

Spooner paced up and down the sidewalk until police arrived a few minutes later. Police officer Richard Martinez testified that he was handcuffing Spooner when Spooner acknowledged, “Yeah, I shot him.”

During closing arguments, Gimbel seized upon that statement as an indication that his client didn’t necessarily mean to fire a fatal shot.

“He didn’t say, ‘I killed the kid.’ He didn’t try to explain anything about the circumstances,” Gimbel said. “That tells us this man was involved in an act where was not very much mental investment in what he was doing.”

But prosecutor Mark Williams said it’s impossible to watch the video without realizing that Spooner knew exactly what he was doing. He pointed out that Spooner confronted Darius, aimed the gun at his heart and pulled the trigger twice.

“How is that not intent to kill?” he asked. “You can see the intent. Look at him (Darius) holding his chest. Look how close they are together. It’s point-blank range. Darius runs away and he shoots again.”

(Photo: AP)

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