Bail hearing set after Burgarello found competent to stand trial

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Updated: 7/30 1:38 pm
UPDATE: 10:18 a.m., 7/30/2014

RENO, Nev. (MyNews4.com & KRNV) -- 73-year-old Wayne Burgarello has been found competent to stand trial in a case that has sparked controversy regarding Nevada's Stand Your Ground Law.

After two psychological exams were performed and presented to the court, Washoe District Court Judge Patrick Flanagan decided not to send the case back to Sparks Justice Court just yet.

The defense argued Burgarello has several medical issues and is in a lot of pain. The defense also asked that he be released to his home on house arrest until the trial starts, and for his bail to be reduced.

Although the State had no objections to the psych report, they requested Judge Flanagan send the case back to Sparks Justice Court, for the start of the trial. The State argued that Judge Flanagan did not have enough information to make a bail decision in this case, and that it needed to go back to Sparks. The State also said bail decisions cannot be made at competency hearings.

Judge Flanagan has decided to set a bail hearing for August 20th at 9 a.m.

Burgarello is accused of shooting two unarmed trespassers in a vacant home he owns in Sparks. Burgarello insists he was acting in self-defense when he allegedly killed a man and seriously wounded a woman he found in the house he owns in Sparks in February.

Nevada law allows the use of deadly force against attackers. It doesn't require the attackers be armed, but says the shooter cannot be the aggressor.





RENO, Nev. (AP) — A 73-year-old Sparks man is headed back to court on a murder charge in the shooting of two unarmed trespassers at a vacant home he owns.

A justice of the peace ordered Wayne Burgarello last month to undergo a psychiatric evaluation.

He is scheduled to appear before Washoe District Court Judge Patrick Flanagan at 9 a.m. Wednesday where the evaluation will be reviewed in a case that has brought attention to Nevada's "stand your ground" law.

Burgarello insists he was acting in self-defense when he killed a man and seriously wounded a woman he found in the house he owns in Sparks in February.

Nevada law allows the use of deadly force against attackers. It doesn't require the attackers be armed, but says the shooter cannot be the original aggressor.

©2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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