MILWAUKEE (AP) -- The family of a 13-year-old boy who was fatally shot outside his Milwaukee home has filed a wrongful death lawsuit against the 75-year-old suspect.

John Spooner has pleaded not guilty to a first-degree intentional homicide charge in the May 31 killing of Darius Simmons. Prosecutors say Spooner accused the boy of stealing his guns, and shot the boy in the chest when he denied it.

Milwaukee police say Simmons' mother, Patricia Larry, witnessed her son's death.

She sued Spooner and his home insurer last week in Milwaukee County. The lawsuit cites claims for battery and intentional infliction of emotional distress and seeks unspecified compensatory and punitive damages.

Spooner remains jailed in lieu of $300,000 bail.

The Milwaukee Journal Sentinel reports his next court date is Aug. 2.