Case delayed for Milwaukee man who killed neighbor - WKOW 27: Madison, WI Breaking News, Weather and Sports

Case delayed for Milwaukee man who killed neighbor

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MILWAUKEE (AP) -- A Milwaukee County judge has postponed a decision on whether to bypass a trial in the civil case of John Henry Spooner, who shot and killed his teenage neighbor as the boy's mother watched in horror.

A jury already convicted the 77-year-old of killing 13-year-old Darius Simmons in 2012. Spooner has virtually no assets but the boy's mother filed a civil lawsuit in case he ever profits from his story.

Her attorney, Jonathan Safran, asked Judge Kevin Martens on Wednesday to enter summary judgment on her behalf. That means Martens would rule in her favor without actually holding a trial. He says Spooner was already convicted in criminal court.

Spooner's attorney, Basil Loeb, said he need more time to respond to a letter Safran filed Tuesday. Marten granted that request.

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