The lawyer for a Sparks man accused of murdering an unarmed trespasser says the 74-year-old's mental impairment makes it impossible to try him without violating his constitutional rights and the Americans with Disabilities Act.
Wayne Burgarello's lawyer cites the ADA in a new motion to dismiss the murder and attempted murder charges he faces at a trial scheduled to begin May 18 in Washoe District Court in Reno.
Judge Patrick Flanagan has set a hearing Wednesday for an update on the retired school teacher's latest competency evaluation after he suffered a second stroke a doctor says damaged his brain.
Defense attorney Theresa Ristenpart says even if he's found competent to stand trial, the county can't satisfy ADA requirements he be treated equal to those without a mental or physical disability. Â (AP)
