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updated: 7/17/2013 7:57 AM

Wisconsin defense to decide whether Spooner testifies

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Associated Press

MILWAUKEE -- It's unclear whether the Milwaukee man accused of gunning down the teenage neighbor whom he accused of burglary will testify on his own behalf.

Seventy-six-year-old John Henry Spooner is accused of killing Darius Simmons last year outside their homes. Prosecutors showed a police video Tuesday in which Spooner told detectives he shot the boy because he wanted his stolen shotguns back.

The prosecution is expected to wrap up its case Wednesday. Defense attorney Franklyn Gimbel said Tuesday afternoon he hadn't decided whether to put Spooner on the stand.

Gimbel concedes that Spooner shot Simmons. He says the issues are Spooner's intent and mental competence.

Those who testified Tuesday included Simmons' mother, Patricia Larry. She tearfully recounted how her son took his last breath in her arms.

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