MILWAUKEE -

The family of a teenager whose neighbor allegedly shot and killed him this week following a burglary said the boy was in school at the time of the theft.

Betty McCuiston is the aunt of Darius Simmons. The 13-year-old was shot in front of his home Thursday while his mother watched.

Prosecutors said the shooter is John Henry Spooner, who lives next door.

At a news conference Saturday, McCuiston said Darius walked outside and was confronted by Spooner. She said Darius denied stealing anything and put his hands in the air, but Spooner shot him in the chest.

Spooner is charged with first-degree intentional homicide. A judge Saturday set cash bond of $300,000. Spooner was represented by public defender John C. Moore, who did not immediately return a message Saturday.