Nevada man claims ‘stand your ground’ after shooting couple sleeping at his vacant property

[Playinghardball]

A Nevada man said this week that he was innocent under Nevada’s “stand your ground” law after he fatally shot an unarmed man and wounded a woman who were sleeping inside one of his vacant properties.

According to Sparks police, 73-year-old Wayne Burgarello was told that someone was trespassing at one of his vacant properties on Feb. 13, and armed himself with two handguns, KTVN reported.

Burgarello found 34-year-old Cody Devine and 29-year-old Janai Wilson sleeping inside the home, and shot them. Devine was killed, while Wilson was seriously wounded.

Following the shooting, Wilson told police that she and Devine had fallen asleep in the vacant duplex after injecting methamphetamine. She said that the property was often unlocked, and that she had occasionally slept there over the last 3 years.

Wilson recalled that the shooting began after Burgarello entered the building and ordered the couple to get off the floor.

“The arm came up like a gun, and I reacted,” Burgarello told police, according to an affidavit.

An autopsy found that Devine had been shot five times, including one shot that struck him in the head. Wilson was shot in the leg and the stomach, but she was able to flee to contact police.

Three months after the investigation began, Sparks police arrested Burgarello Tuesday on charges of first degree murder and attempted murder.

More here and see the video at: http://www.rawstory.com/rs/2014/05/29/nevada-man-claims-stand-your-ground-after-shooting-couple-sleeping-at-his-vacant-property/

[blueridge3210]

1. He's free to claim whatever he likes.

Drug dealers have been doing the same after eliminating "competitors"; usually without success. If the circumstances are as presented the 73 year old is looking to spend the rest of his life in prison. I am amazed at the mindset that says any vacant property is free for use as a "flop house" after a drug binge. Regardless, the actions in no way justified the use of deadly force based on the information available at this time.

[JJChambers]

2. Will she be charged with felony murder?

It seems lately that any time someone during the course of a felony, accomplices are charged with felony murder. As they had committed a burglary, I'm curious to see if she ends up charged too.

As far as the old man goes, lock him up and throw away the key.

[blueridge3210]

3. She would have to be committing a felony.

Criminal Trespass (or the local equivalent) is likely a misdemeanor and therefore would not qualify.

[dixiegrrrrl]

4. It took 3 months to charge and arrest him?

Wonder why.

The pastor had an interesting point of view: "Cody was killed for being on a date.”

Interesting definition of a date.
I must be old fashioned.