Burgarello not guilty in fatal Sparks shooting

A 74-year-old retired schoolteacher was found not guilty on murder charges after shooting two trespassers and killing one when he found them in his abandoned duplex in Sparks.

The jury began deliberations Friday after hearing closing arguments in Wayne Burgarello's murder trial.

Burgarello claimed self-defense under "stand your ground" laws in when he killed Cody Devine, 34, and seriously wounded Janai Wilson, 30, in early February last year inside his duplex on 1032 H Street.

He was accused of open murder and attempted murder with a deadly weapon, and maintained he was acting in self-defense.

Burgarello's attorney, Theresa Ristenpart, said she was not surprised.

"We'd like to say thank you to the jury for finally seeing what this case was about, which was justified defense," Ristenpart said Friday night. "And we would like to thank everyone and the community support that occurred here.

"After looking through all of our case facts and going through our own investigation, we know that this was justified homicide, and he found himself in a threatening situation," she said. "He did what he had to do to protect his own life, and he reasonably believed he needed to do that."

The Washoe County jury began deliberations at about 1:30 p.m. and could have convicted Burgarello on the murder charges or lesser counts, including manslaughter.

Prosecutors said first-degree murder was warranted because Burgarello was seeking a deadly confrontation, acting with deliberation and premeditation. Assistant District Attorney Bruce Hahn told the jury Burgarello was seeking revenge for repeated vandalism and burglaries at his rental units he left abandoned for nine years in Sparks.

Hahn emphasized that several witnesses testified they had told Burgarello to secure his properties. But witnesses said Burgarello told them that he was going to wait inside and "shoot them" instead.

"In this case, this has been rolling around in this man's mind for several years," Hahn said. "And you'd say, 'Well he was just joking, oh Wayne.'

"Really? Who talks like that when there's kids out there?"

Wilson had testified she was staying at Burgarello's duplex off and on for several years. She said Burgarello began firing without provocation while she and Devine were sleeping on bedding laid out on the floor.

Neither trespasser had a gun, but Burgarello told police he saw an arm raise with an object in hand he believed to be a gun. Investigators testified they later found a black flashlight underneath Devine's body, but did not know if he was holding it when he was shot.

"You have to realize that at that angle, I only saw the barrel of the thing," Burgarello had told police. "I was shooting at the person who I thought was going to harm me."

Burgarello did not take the stand, but the court saw an interview video with police. Ristenpart said her client had a right to check his properties while armed.

"Before he even entered the door, Alvin Lilla, a retired firefighter, said Burgarello shouted a third time," Ristenpart said. "'I'm the homeowner. Is there anyone in here? If there's anyone in here, you need to come out.'"

Ristenpart said Burgarello's neighbors were all victims of transients, vandals and burglars. She reminded the jury of a defense witness, John Langdon, who lives next door to Burgarello's vacant properties. Langdon had previously testified that in past years, he checked one of his rental properties and found a homeless man inside who pulled a knife on him. Since then, he carries his pistol when he collects rent, does yard work or checks his properties.

She said Burgarello and several witnesses called police on several occasions and that police were too slow to respond to nonpriority calls.

"Wayne could have had 10 guns that day, and that is still lawful and legal," Ristenpart said.

Hahn argued that Burgarello knew a man was sleeping inside, and didn't call police because he didn't want them to get away. Hahn then replayed a recording of Burgarello talking with police.

"If I took the time to call the cops, they might leave, and I didn't want them to leave," Burgarello told police.

Hahn said a verdict should be free of sympathy, passion, prejudice or public opinion.

"The point is that when he saw that red truck on the driveway, he knew they weren't kids, and it was open season," Hahn said.

Devine was shot five times, including once in the head. Wilson was shot in her leg, arm and stomach.

Nevada's stand-your-ground law allows deadly force against attackers who pose an imminent threat, regardless of whether they are armed. But it specifies the shooter cannot be the initial aggressor.

The law also states that self-defense is justified if the shooter believes they are threatened, even if they find out later they were not, Ristenpart said.

Ristenpart said it was Devine and Wilson, not Burgarello, who "created the dangerous, threatening situation, trespassing, getting high on meth and being where they shouldn't be, where they had no right to be."

"The aggression is against Wayne," she said. "Here are two people who broke into your home to use drugs and trash the place. That's the aggression, and that's what caused this threatening situation."

Meanwhile, Hahn argued Burgarello "wasn't getting mad" because someone broke into his property, but "he was already mad and he was pissed off."

"Once that front door and that back door were checked, where was anybody in that house going to go?" Hahn asked the jury. "They've got nowhere to run, nowhere to hide. What are they supposed to do when they're staring at a silhouette in the door, laying down watching a man with a gun?

"They had no business being there, but did they deserve to die?"

On Friday night, Burgarello was headed home to spend time with his family following his two-week-long murder trial.

Follow the RGJ's Marcella Corona on Twitter at @Marcella_Anahi and on Facebook at Facebook.com/Marcella.Anahi

The Associated Press contributed to this story.