Lawyer: Wis. man who fatally shot teen neighbor is in poor health; appeal might not make sense

  • Updated: July 22, 2013 - 12:45 PM

MILWAUKEE — The attorney for the Milwaukee man who shot and killed his teenage neighbor says an appeal might not make sense given his client's failing health.

Franklyn Gimbel said Monday the appeals process takes about 18 months. He says that might be too long for John H. Spooner, who's 76.

Spooner has lung cancer and congestive heart failure, and he's had four heart-bypass surgeries. He also has chronic pneumonia.

Gimbel says he hasn't talked to Spooner yet about an appeal. He says if his client does want an appeal he'd probably refer the case to a public defender.

Spooner was convicted last week of first-degree intentional homicide. He said he killed 13-year-old Darius Simmons last year because he suspected the boy of burglary.

Spooner is due to be sentenced Monday afternoon.

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