John H. Spooner is escorted into court on Monday, June 11, 2012, for a hearing at the Criminal Justice Facility in Milwaukee. Spooner, who is charged with first-degree intentional homicide in the May 31 killing of Darius Simmons, waived his right for a preliminary hearing. (AP Photo/Milwaukee Journal-Sentinel, Rick Wood) None:
Tue, Jun 12, 2012 9:06 AM EDT

A 75-year-old Milwaukee man pleaded not guilty Monday in the fatal shooting of his 13-year-old neighbor. John Henry Spooner is facing first-degree intentional homicide charges for killing his 13-year-old neighbor Darius Simmons while he was retrieving a trash can from the street.

Spooner admitted to police that he shot Simmons on Thursday morning, even as the teen was running away from him with his hands up.

Earlier in the week Spooner reported a break-in at his home and blamed the family next door, the Milwaukee Sentinel Journal reports.

However, Simmons' aunt told the Journal the teen was in school Tuesday when Spooner's house was broken into. She went on to say police searched Simmons' house after he was shot and did not find any of Spooner's guns.

According to reports Simmons and his mother moved in to the south side neighborhood on May 1 from the north side because she was looking for a safer neighborhood.