Thursday, July 18, 2013 11:38:13 AM
John Henry Spooner Shooting VIDEO: Evidence Shows Darius Simmons Killed (GRAPHIC)
Posted: 07/17/2013 3:19 pm EDT | Updated: 07/17/2013 7:18 pm EDT
UPDATE 7:19 p.m. -- John Henry Spooner has been found guilty [ http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-guilty_n_3613457.html?1374102377 (next below)] of first-degree intentional homicide in the fatal shooting of Darius Simmons.
ORIGINAL STORY -- A video entered as evidence in the murder trial of John Henry Spooner on Tuesday appears to show the 76-year-old shooting his 13-year-old neighbor Darius Simmons dead.
The Milwaukee senior is charged with first-degree homicide after the alleged incident in May last year. Jurors saw the video (below), taken from Spooner's own surveillance camera, that shows the suspect walk out of his house, brandishing a gun. After a short argument, the man in the video waves the gun around before he shoots Simmons in the chest. Simmons manages to flee outside the scope of the camera before dying.
The evidence was recorded in court Tuesday and provided to HuffPost Crime by the Journal-Sentinel [ http://www.jsonline.com/news/crime/video-submitted-at-trial-shows-john-spooner-shooting-darius-simmons-b9956015z1-215749441.html ].
WARNING: The video below [ http://www.youtube.com/watch?v=OBKogMxbRAU (as embedded)] is extremely graphic and shows a teen shot in the chest.
Simmons' mother, Patricia Larry, testified in court that Spooner accused her son of burglarizing his home [ http://www.huffingtonpost.com/2013/07/16/john-henry-spooner_n_3606514.html ], stealing several weapons. She said Spooner told Simmons he'd teach him a lesson before firing the fatal shot.
She added that her son died in her arms moments later.
Police say Spooner admitted to the crime, and that he claimed Simmons was part of a black family next door that had caused nothing but trouble, according to the Associated Press.
Jury selection began Monday, and potential jurors were asked about their thoughts on racial issues, as well as the recent and George Zimmerman trial [ http://www.huffingtonpost.com/news/george-zimmerman-trial/ ], according to local news station TMJ-4 [ http://www.todaystmj4.com/news/local/215737741.html ].
Jurors will need to decide whether Spooner intentionally killed Simmons, and whether Spooner was suffering from a mental illness at the time that prevented him from knowing right from wrong.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-video-darius-simmons_n_3612378.html [with (over 6,000) comments]
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John Henry Spooner Guilty: 76-Year-Old Convicted In Fatal Shooting Of Wisconsin Teen Darius Simmons
John Henry Spooner
By DINESH RAMDE
07/17/13 07:18 PM ET EDT
MILWAUKEE — A Milwaukee man who suspected his 13-year-old neighbor of breaking into his home and stealing weapons was convicted Wednesday of fatally shooting the boy as the teen's mother looked on. Now, jurors will decide whether the 76-year-old defendant was mentally ill at the time.
A jury deliberated for about an hour before finding John Henry Spooner guilty of first-degree intentional homicide. Surveillance video from his own security cameras showed him confronting Darius Simmons in May 2012, pointing a gun at him from about 6 feet away and shooting him in the chest.
Spooner had entered two pleas to the homicide charge: not guilty and not guilty by reason of mental disease or defect. That set up the trial to be conducted in two phases: the first to determine whether he was guilty of the homicide, and if so, a second to determine whether he was mentally competent at the time.
With the first phase complete, the second began with testimony from a psychiatrist hired by the defense. Dr. Basil Jackson said his examination of Spooner revealed a man with anger issues who periodically dissociated from reality.
Spooner's daughter once brought home a kitten that he didn't want so he took it into the basement and killed it, Jackson said. Spooner also used to choke and beat his late wife, the doctor testified.
The violence shows Spooner occasionally loses the ability to control his anger – as during the moments that he shot Darius, Jackson said.
"There was an eruption, a loss of control. And at that moment he was not able – at that moment – to make a judgment," Jackson said. "It's like he was on autopilot."
Spooner's defense attorney, Franklyn Gimbel, never denied that his client shot Darius. Instead, he argued that Spooner did not mean for the gunshot to be fatal.
"This is not a case of whodunit," Gimbel said. "It's not a question of whether the behaviors of John Spooner caused the death of the young man – but what motivated it and what went on in his mind at the time is the crucial question."
During the second phase of the trial, the burden of proof shifts to the defense, which only has to prove "clear and convincing evidence," instead of the stricter standard of "beyond a reasonable doubt." In addition, a verdict requires agreement from only 10 jurors, not unanimity from all 12.
Spooner's surveillance video provides a clear view of what happened. Spooner emerges from his house and confronts the teen, who is retrieving his family's garbage cart from the street. Spooner points a gun at Darius, who moves back a few steps. Spooner then exchanges words with Darius' mother, who's standing on her porch out of view of the camera, and Spooner briefly points the gun in her direction. Moments later, Spooner points the gun back at the boy standing a couple of feet in front of him. He fires, hitting Darius in the chest.
The teen stumbles and runs away, and Spooner fires a second shot that misses. He appears to attempt a third shot, but the gun jams.
Darius' mother, Patricia Larry, testified that she chased her son to where he collapsed in the street. She cradled him in her arms as he died.
"I pulled his shirt up and I (saw) he had a bullet hole in his chest," she said tearfully. "He took one more breath and that's it."
Spooner paced along 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 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.
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 deliberately and pulled the trigger.
"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."
Larry's attorney, Jonathan Safran, said the family was pleased with the verdict. "She's cautiously optimistic as we move into this second phase of the trial," he said.
Copyright 2013 The Associated Press
http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-guilty_n_3613457.html [with (over 4,000) comments]
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Pat Robertson Defends Zimmerman Because Trayvon Wore Hoodie
By Michael Allen, Tue, July 16, 2013
On "The 700 Club" yesterday, Pat Robertson defended George Zimmerman and implied that Trayvon Martin looked like a criminal because he wore a hoodie.
Robertson started off by attacking the media for sometimes showing pictures of Martin when he was 12.
“He was fully formed young African-American male," said Robertson, noted RightWingWatch.org [ http://www.rightwingwatch.org/content/robertson-george-zimmerman-right-follow-trayvon-martin-because-criminals-wear-hoodies ] (video [ http://www.youtube.com/watch?v=emias0ESFl0 ] above). "They showed him as a little boy, like 12-year-old pictures.”
The media also showed numerous pictures and videos of Martin at age 17, which is still considered a minor.
Robertson also recalled how Zimmerman confirmed to the 911 operator that Martin was a "black male," but was upset that NBC News accurately reported: "Zimmerman says he's following somebody, says it's a black male."
700 Club co-host Terry Meeuwsen recalled how the 911 operator told Zimmerman not to follow Martin.
"The 911 operator kept saying to him, 'Don't go, don't go. Someone is coming.' You just can't have people doing that."
However, Robertson disagreed.
"There’s been some crime in this area and the criminals were wearing these hoods so it’s one of those things,” Robertson said.
If Robertson is correct in his logic, then students at his own CBN University would be fair game to be shot for wearing hoodies as well.
Copyright 2013, OpposingViews.com
http://www.opposingviews.com/i/religion/christianity/pat-robertson-defends-zimmerman-because-trayvon-wore-hoodie-video [with comments]
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Washington Post Defends Richard Cohen Column Justifying Trayvon Martin Profiling [for wearing a hoodie]
07/16/2013
http://www.huffingtonpost.com/2013/07/16/richard-cohen-trayvon-martin-washington-post_n_3605079.html [with comments]
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Ted Nugent: George Zimmerman Should Sue Trayvon Martin's Parents For Emotional Suffering
http://www.huffingtonpost.com/2013/07/17/ted-nugent-george-zimmerm-sue-trayvon-martins-parents_n_3613163.html [with comments]; http://rare.us/story/nugent-zimmerman-should-sue-trayvons-parents/ [with comments]
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Bill O'Reilly: Media Is Covering Up Black People's Problems
By Rebecca Shapiro
Posted: 07/17/2013 8:29 am EDT | Updated: 07/17/2013 8:35 am EDT
Bill O'Reilly railed against what he described as a vast media conspiracy to cover up all of the evils plaguing black communities in America.
"The horrendous black-on-black murder rate is virtually ignored by the press," he said. "The reason is that any exposition of violence in the black community is bad for business. The liberal media wants no part of exposing problems in the minority precincts. Best to blame the white power structure and look the other way."
He later added, "Big time TV commentators working on politically correct networks well understand that any skepticism towards minorities is unacceptable."
Earlier this week, Rush Limbaugh embraced [ http://www.huffingtonpost.com/2013/07/16/rush-limbaugh-mainstream-media-limit-liberty-freedom_n_3604549.html ] a similar theory on his talk radio show.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/17/bill-oreilly-media-covering-up-black-peoples-problems_n_3609964.html [with embedded video of the O'Really segment, and comments; the above YouTube of the embedded video at http://www.youtube.com/watch?v=V1TKs3NcsGY ]
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Florida Stand Your Ground Law Protests: Rick Scott Refuses Dream Defenders Repeal Demand
07/17/2013
http://www.huffingtonpost.com/2013/07/17/florida-stand-your-ground-law_n_3612566.html [with embedded video report, and comments]
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Trayvon Martin Church Sign Accuses Zimmerman Jury Of 'White Racism': Alabama Pastor Defends It
07/16/2013
http://www.huffingtonpost.com/2013/07/16/trayvon-martin-church-sign-alabama-white-racism_n_3604521.html [with (approaching 6,000) comments]
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Deon Cole Has A Special Message For George Zimmerman
Posted: 07/16/2013 12:50 pm EDT | Updated: 07/16/2013 12:50 pm EDT
The season finale of "Deon Cole's Black Box" [video embedded] covered the aftermath of the George Zimmerman trial. In response to the controversy of the verdict, Florida turned out some pretty weird anti-rioting PSAs.
But while Florida is telling everyone to calm down, Cole has a message for Zimmerman: Karma is not just the name of a stripper.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/16/deon-cole-george-zimmerman_n_3605536.html [with comments]
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Posted: 07/17/2013 3:19 pm EDT | Updated: 07/17/2013 7:18 pm EDT
UPDATE 7:19 p.m. -- John Henry Spooner has been found guilty [ http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-guilty_n_3613457.html?1374102377 (next below)] of first-degree intentional homicide in the fatal shooting of Darius Simmons.
ORIGINAL STORY -- A video entered as evidence in the murder trial of John Henry Spooner on Tuesday appears to show the 76-year-old shooting his 13-year-old neighbor Darius Simmons dead.
The Milwaukee senior is charged with first-degree homicide after the alleged incident in May last year. Jurors saw the video (below), taken from Spooner's own surveillance camera, that shows the suspect walk out of his house, brandishing a gun. After a short argument, the man in the video waves the gun around before he shoots Simmons in the chest. Simmons manages to flee outside the scope of the camera before dying.
The evidence was recorded in court Tuesday and provided to HuffPost Crime by the Journal-Sentinel [ http://www.jsonline.com/news/crime/video-submitted-at-trial-shows-john-spooner-shooting-darius-simmons-b9956015z1-215749441.html ].
WARNING: The video below [ http://www.youtube.com/watch?v=OBKogMxbRAU (as embedded)] is extremely graphic and shows a teen shot in the chest.
Simmons' mother, Patricia Larry, testified in court that Spooner accused her son of burglarizing his home [ http://www.huffingtonpost.com/2013/07/16/john-henry-spooner_n_3606514.html ], stealing several weapons. She said Spooner told Simmons he'd teach him a lesson before firing the fatal shot.
She added that her son died in her arms moments later.
Police say Spooner admitted to the crime, and that he claimed Simmons was part of a black family next door that had caused nothing but trouble, according to the Associated Press.
Jury selection began Monday, and potential jurors were asked about their thoughts on racial issues, as well as the recent and George Zimmerman trial [ http://www.huffingtonpost.com/news/george-zimmerman-trial/ ], according to local news station TMJ-4 [ http://www.todaystmj4.com/news/local/215737741.html ].
Jurors will need to decide whether Spooner intentionally killed Simmons, and whether Spooner was suffering from a mental illness at the time that prevented him from knowing right from wrong.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-video-darius-simmons_n_3612378.html [with (over 6,000) comments]
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John Henry Spooner Guilty: 76-Year-Old Convicted In Fatal Shooting Of Wisconsin Teen Darius Simmons
John Henry Spooner
By DINESH RAMDE
07/17/13 07:18 PM ET EDT
MILWAUKEE — A Milwaukee man who suspected his 13-year-old neighbor of breaking into his home and stealing weapons was convicted Wednesday of fatally shooting the boy as the teen's mother looked on. Now, jurors will decide whether the 76-year-old defendant was mentally ill at the time.
A jury deliberated for about an hour before finding John Henry Spooner guilty of first-degree intentional homicide. Surveillance video from his own security cameras showed him confronting Darius Simmons in May 2012, pointing a gun at him from about 6 feet away and shooting him in the chest.
Spooner had entered two pleas to the homicide charge: not guilty and not guilty by reason of mental disease or defect. That set up the trial to be conducted in two phases: the first to determine whether he was guilty of the homicide, and if so, a second to determine whether he was mentally competent at the time.
With the first phase complete, the second began with testimony from a psychiatrist hired by the defense. Dr. Basil Jackson said his examination of Spooner revealed a man with anger issues who periodically dissociated from reality.
Spooner's daughter once brought home a kitten that he didn't want so he took it into the basement and killed it, Jackson said. Spooner also used to choke and beat his late wife, the doctor testified.
The violence shows Spooner occasionally loses the ability to control his anger – as during the moments that he shot Darius, Jackson said.
"There was an eruption, a loss of control. And at that moment he was not able – at that moment – to make a judgment," Jackson said. "It's like he was on autopilot."
Spooner's defense attorney, Franklyn Gimbel, never denied that his client shot Darius. Instead, he argued that Spooner did not mean for the gunshot to be fatal.
"This is not a case of whodunit," Gimbel said. "It's not a question of whether the behaviors of John Spooner caused the death of the young man – but what motivated it and what went on in his mind at the time is the crucial question."
During the second phase of the trial, the burden of proof shifts to the defense, which only has to prove "clear and convincing evidence," instead of the stricter standard of "beyond a reasonable doubt." In addition, a verdict requires agreement from only 10 jurors, not unanimity from all 12.
Spooner's surveillance video provides a clear view of what happened. Spooner emerges from his house and confronts the teen, who is retrieving his family's garbage cart from the street. Spooner points a gun at Darius, who moves back a few steps. Spooner then exchanges words with Darius' mother, who's standing on her porch out of view of the camera, and Spooner briefly points the gun in her direction. Moments later, Spooner points the gun back at the boy standing a couple of feet in front of him. He fires, hitting Darius in the chest.
The teen stumbles and runs away, and Spooner fires a second shot that misses. He appears to attempt a third shot, but the gun jams.
Darius' mother, Patricia Larry, testified that she chased her son to where he collapsed in the street. She cradled him in her arms as he died.
"I pulled his shirt up and I (saw) he had a bullet hole in his chest," she said tearfully. "He took one more breath and that's it."
Spooner paced along 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 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.
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 deliberately and pulled the trigger.
"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."
Larry's attorney, Jonathan Safran, said the family was pleased with the verdict. "She's cautiously optimistic as we move into this second phase of the trial," he said.
Copyright 2013 The Associated Press
http://www.huffingtonpost.com/2013/07/17/john-henry-spooner-guilty_n_3613457.html [with (over 4,000) comments]
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Pat Robertson Defends Zimmerman Because Trayvon Wore Hoodie
By Michael Allen, Tue, July 16, 2013
On "The 700 Club" yesterday, Pat Robertson defended George Zimmerman and implied that Trayvon Martin looked like a criminal because he wore a hoodie.
Robertson started off by attacking the media for sometimes showing pictures of Martin when he was 12.
“He was fully formed young African-American male," said Robertson, noted RightWingWatch.org [ http://www.rightwingwatch.org/content/robertson-george-zimmerman-right-follow-trayvon-martin-because-criminals-wear-hoodies ] (video [ http://www.youtube.com/watch?v=emias0ESFl0 ] above). "They showed him as a little boy, like 12-year-old pictures.”
The media also showed numerous pictures and videos of Martin at age 17, which is still considered a minor.
Robertson also recalled how Zimmerman confirmed to the 911 operator that Martin was a "black male," but was upset that NBC News accurately reported: "Zimmerman says he's following somebody, says it's a black male."
700 Club co-host Terry Meeuwsen recalled how the 911 operator told Zimmerman not to follow Martin.
"The 911 operator kept saying to him, 'Don't go, don't go. Someone is coming.' You just can't have people doing that."
However, Robertson disagreed.
"There’s been some crime in this area and the criminals were wearing these hoods so it’s one of those things,” Robertson said.
If Robertson is correct in his logic, then students at his own CBN University would be fair game to be shot for wearing hoodies as well.
Copyright 2013, OpposingViews.com
http://www.opposingviews.com/i/religion/christianity/pat-robertson-defends-zimmerman-because-trayvon-wore-hoodie-video [with comments]
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Washington Post Defends Richard Cohen Column Justifying Trayvon Martin Profiling [for wearing a hoodie]
07/16/2013
http://www.huffingtonpost.com/2013/07/16/richard-cohen-trayvon-martin-washington-post_n_3605079.html [with comments]
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Ted Nugent: George Zimmerman Should Sue Trayvon Martin's Parents For Emotional Suffering
http://www.huffingtonpost.com/2013/07/17/ted-nugent-george-zimmerm-sue-trayvon-martins-parents_n_3613163.html [with comments]; http://rare.us/story/nugent-zimmerman-should-sue-trayvons-parents/ [with comments]
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Bill O'Reilly: Media Is Covering Up Black People's Problems
By Rebecca Shapiro
Posted: 07/17/2013 8:29 am EDT | Updated: 07/17/2013 8:35 am EDT
Bill O'Reilly railed against what he described as a vast media conspiracy to cover up all of the evils plaguing black communities in America.
"The horrendous black-on-black murder rate is virtually ignored by the press," he said. "The reason is that any exposition of violence in the black community is bad for business. The liberal media wants no part of exposing problems in the minority precincts. Best to blame the white power structure and look the other way."
He later added, "Big time TV commentators working on politically correct networks well understand that any skepticism towards minorities is unacceptable."
Earlier this week, Rush Limbaugh embraced [ http://www.huffingtonpost.com/2013/07/16/rush-limbaugh-mainstream-media-limit-liberty-freedom_n_3604549.html ] a similar theory on his talk radio show.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/17/bill-oreilly-media-covering-up-black-peoples-problems_n_3609964.html [with embedded video of the O'Really segment, and comments; the above YouTube of the embedded video at http://www.youtube.com/watch?v=V1TKs3NcsGY ]
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Florida Stand Your Ground Law Protests: Rick Scott Refuses Dream Defenders Repeal Demand
07/17/2013
http://www.huffingtonpost.com/2013/07/17/florida-stand-your-ground-law_n_3612566.html [with embedded video report, and comments]
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Trayvon Martin Church Sign Accuses Zimmerman Jury Of 'White Racism': Alabama Pastor Defends It
07/16/2013
http://www.huffingtonpost.com/2013/07/16/trayvon-martin-church-sign-alabama-white-racism_n_3604521.html [with (approaching 6,000) comments]
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Deon Cole Has A Special Message For George Zimmerman
Posted: 07/16/2013 12:50 pm EDT | Updated: 07/16/2013 12:50 pm EDT
The season finale of "Deon Cole's Black Box" [video embedded] covered the aftermath of the George Zimmerman trial. In response to the controversy of the verdict, Florida turned out some pretty weird anti-rioting PSAs.
But while Florida is telling everyone to calm down, Cole has a message for Zimmerman: Karma is not just the name of a stripper.
Copyright © 2013 TheHuffingtonPost.com, Inc.
http://www.huffingtonpost.com/2013/07/16/deon-cole-george-zimmerman_n_3605536.html [with comments]
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