Samster, Konkel & Safran, S.C. Milwaukee personal injury attorney Jonathan S. Safran has filed a wrongful death lawsuit on behalf of Darius Simmons’ mother and against John H. Spooner, the man who shot and killed 13-year-old Darius Simmons, because Mr. Spooner blamed Darius for a robbery at his home. The lawsuit contains two claims: (1) a battery claim for the killing of Darius and (2) a negligent infliction of emotional distress claim because Darius' mother witnessed the shooting, which occurred in front of her home. In addition, the Milwaukee County District Attorney has filed first degree intentional homicide charges against Mr. Spooner.
Because Milwaukee Personal Injury Attorney Safran learned that Mr. Spooner may be attempting to sell his house and other personal assets to avoid paying any judgment against him from the wrongful death lawsuit, Attorney Safran acted quickly and sought a temporary restraining order preventing Mr. Spooner from selling the house. Following a hearing on the matter, the court ruled that Mr. Spooner could sell his house, but only to pay for his criminal defense. The court also agreed that Mr. Spooner provide an inventory and accounting of his other personal assets, along with information on any sales of those assets.
The Milwaukee Journal Sentinel has published an article regarding the case.