Man, protected by stand-your-ground law, not guilty of murder

RENO, Nev. – A Nevada man who confronted two unarmed trespassers with a deadly barrage of gunfire at a vacant duplex he owns was found not guilty of murder Friday in the latest case to test the boundaries of stand-your-ground self-defense laws.

A jury in Reno found retired Sparks school teacher Wayne Burgarello, 74, not guilty of all charges, including first-degree murder, voluntary manslaughter and attempted murder.

Burgarello told police he was acting in self-defense in February 2014 when he shot and killed Cody Devine and seriously wounded Janai Wilson.

Jurors deliberated for about six hours before returning the verdicts Friday night in Washoe District Court.

Assistant District Attorney Bruce Hahn said first-degree murder was warranted because Burgarello acted with premeditation in the February 2014 shooting. He said Burgarello wanted to exact revenge for repeated burglaries and vandalism at the rental unit he largely abandoned nine years ago in a working-class neighborhood just east of Reno.

“There was going to be a deadly confrontation,” Hahn said during Friday’s closing arguments. “He was mad. Somebody was going to pay.”

Wilson testified during the two-week trial that she stayed at the duplex off and on for three years. She said Burgarello opened fire without provocation while she and Devine were sleeping in a makeshift bed on the floor.

Neither trespasser had a firearm, but Burgarello told police Devine’s arm “came up like a gun.” His lawyer, Theresa Ristenpart, said Burgarello might have mistaken a black flashlight found at the scene for a gun and had only a split second to respond.

Burgarello did not take the stand, but jurors saw a video of his interrogation by detectives. “I was trying to protect my own life,” he said. “Since they were there in a threatening manner, I reacted.”