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RENO, Nev. (AP) — A judge found a 73-year-old Sparks man competent on Wednesday to stand trial for murder in the fatal shooting of an unarmed trespasser that the former school teacher insists was justified under Nevada's "stand your ground" law.
Lawyers for both sides said they accept the findings of two court-ordered psychiatric evaluations that concluded Wayne Burgarello understands the charges and can assist in his own defense.
He's charged with killing a 34-year-old man and seriously wounding a woman he found inside a vacant home he owns just east of Reno in February.
Washoe District Court Judge Patrick Flanagan set a hearing for Aug. 20 to reconsider lowering Burgarello's bail, which is currently set at $2 million.
Burgarello's public defenders argue the elderly man, who is claiming self-defense, has suffered a heart attack and two strokes and is not a flight risk.
Sean Sullivan, who represented him in the Reno courtroom on Wednesday, said Burgarello is suffering from "excruciating pain, crippling pain" and should be placed under house arrest so his own doctor can care for him.
"He simply is not receiving proper medical attention at the Washoe County jail," Sullivan said.
Nevada is one of more than 30 states that have "stand your ground" laws that allow deadly force against attackers posing an imminent threat. The law doesn't require the attacker to be armed, but it says the shooter cannot be the original aggressor.
Prosecutors say the shootings were unprovoked.
Detectives said Burgarello fatally shot Cody Devine five times, once in the head, and seriously wounded Janai Wilson, 29, after Burgarello said Devine had raised his arm at him in a threatening manner.
Washoe County prosecutor Bruce Hahn said in Sparks Justice Court last month that the evidence will show Devine's "wound track belies his claim of self-defense."
"No other weapons were found," he said.
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