RENO, Nev. – A judge in a Nevada murder case has slashed bail from $2 million to $150,000 for a 73-year-old man who shot and killed one unarmed trespasser and seriously wounded another at a home he owns in Sparks.
Washoe District Judge Patrick Flanagan ruled Wednesday that Wayne Burgarello's failing health and lifelong ties to the community make it unlikely he'll skip out on his Sept. 3 arraignment.
The judge agreed with the former teacher's lawyer, who said the previous amount was unconstitutionally excessive.
Burgarello has been in jail since his May arrest for killing 34-year-old Cody Devine and wounding a woman he found inside the vacant home in February.
Prosecutors say it was an unprovoked attack, but Burgarello says it was self-defense in a case that has brought attention to Nevada's "stand your ground law."
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
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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