Wayne Burgarello, 73, was charged this week for allegedly shooting an unarmed couple who were sleeping in his vacant duplex in Sparks, Nevada on Feb. 13.
Burgarello, who is charged with first degree murder and attempted murder, is claiming Nevada's "stand your ground" law as his defense (video below).
According to police, Burgarello was told about the trespassing couple, armed himself with a high-powered revolver and a semi-automatic handgun, and entered the home where he allegedly shot Cody Devine and Janai Wilson, who had earlier used methamphetamine and were sleeping it off.
Devine was killed, while Wilson was seriously wounded.
"It's been awhile," said Sgt. Aaron Leary told KTVN. "The Sparks Police Department examined all the evidence in this case that have been sent to the lab and interviewed numerous witnesses, coming to the conclusion this morning to obtain the arrest warrant."
According to the Merced Sun Star, Burgarello told police that he entered the home and said, "This is private property and nobody better be in here."
Wilson said Devine started to get up off the floor and told Burgarello that they were just sleeping.
However, Burgarello told police, "[Devine's] arm came up like a gun, and I reacted."
According to Nevada's "stand your ground" law, the shooter cannot be "the original aggressor."