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Case delayed for Milwaukee man who killed neighbor (UPDATE)

John Henry Spooner (left) pleaded not guilty and waived his right for a preliminary hearing in the May 31 killing of Darius Simmons, 13, during a hearing Monday in Milwaukee. Spooner is charged with one count of first-degree intentional homicide and will stand trial in the fatal shooting of his 13-year-old neighbor, shown in a photo held by his mother, Patricia Larry. (AP File Photos)

Attorneys for Patricia Larry (right) have asked a judge to enter summary judgment Wednesday against 77-year-old John Henry Spooner (left). Spooner was convicted of killing Larry’s son, Darius Simmons. (AP File Photos)

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 needs more time to respond to a letter Safran filed Tuesday. Martens granted that request.

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