SPARKS, Nev. (MyNews4.com & KRNV) -- Wayne Burgarello is still behind bars Monday, facing charges of murder and attempted murder. He allegedly shot two trespassers inside a vacant home that he owned back in February, killing Cody Devine and injuring Janai Wilson.
Burgarello was in Sparks District Court on Monday for a bail hearing, but it did not happen. Deputy Public Defender Justin Champagne represented Burgarello, in a last minute appointment.
Champagne said Burgarello had indicated he was going to hire his own attorney, but had not yet done so.
So, the court appointed him one just a few minutes before the hearing was set to start. Because Champagne is not caught up on the specifics of the case, he asked for 10 days to investigate it.
Burgarello was hesitant about pushing back the date, and the court took a short recess while he and Champagne discussed it. While it means at least 10 more days in jail, Burgarello agreed to the delay.
Champagne said it was absolutely the right decision in the long run. "Murder, or anything like that, does not have a standard bail that must be set. The court will eventually, most likely, impose a bail and they can take into account any number of factors in order to set a bail that they feel comfortable with, that will ensure that the defendant will return back to court and face those charges."
Because Burgarello has the financial assets to pay for an attorney, if he decides to stay with the Deputy Public Defender, he will most likely be charged an hourly rate. He can still hire a private attorney before the bail hearing, which is now scheduled for 2 p.m. on June 12.
The preliminary hearing is set for 10 a.m. on June 26.