MILWAUKEE (WTAQ) - Relatives of a 13-year-old Milwaukee boy have filed a wrongful death suit against a 75-year-old neighbor who’s criminally charged with killing the youngster.

John Spooner has pleaded not guilty to shooting young Darius Simmons to death on May 31st.

Prosecutors said Spooner accused Darius of entering his house and stealing his guns – and he denied the action just before he was killed.

The Simmons family sued Spooner and his home insurance company last week, claiming battery and intentional distress. The suit seeks unspecified compensatory and punitive damages.

The family had also asked a judge to prevent Spooner from selling off his personal assets to reduce the amount of potential damages he could afford to pay.

A judge recently agreed to let Spooner sell the house – but he could only raise enough money to pay his three lawyers. They’ve raised questions about the defendant’s mental status, and they’ve asked for an independent psychological exam.

Spooner is due back in court August 2nd in his criminal case.