Date: 05-30-2015

Case Style: State of Nevada v. Wayne Burgarello

Case Number:

Judge:

Court: District Court, Washoe County, Nevada

Plaintiff's Attorney: Ruce Hahn

Defendant's Attorney: Theresa Ristenpart

Description: Reno, NV - The State of Nevada charged Wayne Burgarello, age 74, with one count of first-degree murder, second-degree murder, voluntary manslaughter and involuntary manslaughter in the death of Cody Devine and the wounding of Janai Wilson who had trespassed unarmed on a property owned by Burgarello in February of 2014. The rundown duplex on the property had been burglarized repeated before the confrontation that resulted in the shooting.

Defendant claimed the right to use deadly force against the unarmed men relying on a stand-your-ground theory of defense.

Janai testified that she and Wilson had slept in the rundown building off and on for three years and that Burgarello opened fire without provocation while she and Devine were sleeping in a makeshift bed on the floor.

Nevada law allows property owners to use deadly force against attackers who pose an imminent threat, regardless of whether they are armed, as long as the shooter isn't the initial aggressor.

Outcome: Not guilty

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Stand-Your-Ground legislation is bad public policy.