Wayne Burgarello's murder trial got underway on Tuesday. He's accused of murdering a man and injuring a woman in a shooting last year in Sparks.
The shooting happened at a vacant Sparks duplex that Burgarello owns.
Burgarello says he shot in self defense, but the state says it was murder.
Both sides agree that 29-year-old Janai Wilson had been staying at Burgarello's H Street property, without his knowledge. They say she had met 34-year-old Cody Devine, the night before while gambling -- and she invited him back to the duplex -- where they shot up methamphetamine.
When a friend of Burgarello's tipped him off that someone might have been trespassing, he headed over to check it out. Prosecutors say he was armed with two handguns when he found the pair in the back bedroom, and fired eight shots at them.
Burgarello's attorney says the shooting was justified because he thought Devine had a gun.
No weapons were found.
Prosecutors say Burgarello went to the house with the intent to use his guns. "Opens the door and sees two figures on the floor, under a blanket...a white comforter, and opens fire,” says Bruce Hahn, Assistant District Attorney, Washoe County.
Burgarello's attorney, Theresa Ristenpart adds, "He shot because he believed that his life was in danger and the threat of the arm being raised was something in it, in that darkened bedroom where no one should have been."
Authorities say Devine was shot at least four times and died at the scene.
Wilson had three bullet wounds but survived her injuries.
