RENO, Nev. (AP) — A new lawyer for a 73-year-old Sparks man accused of murder in the fatal shooting of an unarmed trespasser is arguing for a dramatic reduction in his $2 million bail.
Wayne Burgarello has been in jail since his arrest in May for killing 34-year-old Cody Devine and seriously wounding a woman he found inside a vacant home he owns in Sparks on Feb. 13.
Defense attorney Theresa Ristenpart said in a motion filed before Wednesday's scheduled bail hearing that the elderly man in failing health poses no flight risk. She says the ex-school teacher has a legitimate claim to self-defense because he thought Devine was pointing a gun at him.
Prosecutors say it was an unprovoked attack in a case that has brought attention to Nevada's "stand your ground law."
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