Saturday, May 30, 2015


From the Reno Gazette Journal:
A 74-year-old retired schoolteacher was found innocent 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 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.
Wayne Burgarello, of Sparks, was found not guilty on murder and attempted murder with a deadly weapon after killing Cody Devine, 34, and injuring Janai Wilson, 30. Marcella Corona/RGJ
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."...
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.
The two people who got shot are the ones to be blamed for their being shot and killed and also wounded.
The two thugs had no reason to be in the guy's property, even if the house was unoccupied.
This country has to realize that bad people do bad things and when they do bad things, like running from the cops or breaking into people's home or property. 
Chances are, if people stop running from the cops break into other people's property, the chances of them living through an encounter with the cops or property owner increase almost by 100%.

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