The Fed-Up Property Owner and the Unarmed Trespasser

Sparks, Nevada Feb. 13, 2014

What happened: After 34-year-old Cody Devine met Janai Wilson at a Nevada casino, he drove her to the long-vacant duplex east of Reno where she often crashed. According to police records, the two used meth, then fell asleep in a makeshift bed around 4:30 a.m. Neither had a weapon. Wayne Burgarello, a 73-year-old retired teacher who owned the property, arrived with a high-powered revolver and a semi-automatic handgun. He told police that he identified himself as the owner and warned, “This is private property and nobody better be in here.” The couple woke up and tried to explain that they were just sleeping, Wilson later testified. But Burgarello opened fire. He shot Devine five times, including once in the head, killing him. Wilson, who was 29, suffered wounds to the arm, stomach and leg. Burgarello later said he believed Devine’s arm looked like a gun.

Outcome: Prosecutors charged Burgarello with five counts of murder, attempted murder and manslaughter, arguing that he had come to the property to exact revenge for past break-ins and burglaries and that the shootings were premeditated. But a jury voted to acquit in 2015, finding that Burgarello acted in self-defense – even though Nevada’s statute says stand your ground cannot be invoked by a shooter who began a fight.

Photo: Janai Wilson, by Andy Barron/The Reno Gazette-Journal via Associated Press

A Deadly Fight Between Roommates

Cheyenne, Wyoming Nov. 14, 2017

What happened: Michael Brody Robbins, 35, was an Army veteran with post-traumatic stress disorder who was living with his friend Cody Hess, 21, and his parents, following a rehab stint in Sheridan, Wyoming. Robbins went out to play poker and came home drunk, according to court documents. Hess helped Robbins inside, then the two got into an argument after Robbins spilled iced tea on the floor. Hess alleged that Robbins punched him, put him in a headlock and then lunged at him while reaching for Hess’ gun. Hess then drew his gun and shot Robbins three times, killing him. According to the coroner’s report, the first shot appeared to be a defensive wound, and the next two shots were fired from a close range into his arm and chest.

Outcome: Hess was arrested and charged with second-degree murder and voluntary manslaughter. Prosecutors cited the inconsistencies in his story and the downward trajectory of the second and third shots. Hess’ attorneys argued that he acted in self-defense, while a detective testified that Hess had a penchant for pulling his weapon, citing three other unrelated incidents. Seven months later, prosecutors dropped the charges, citing complications with the evidence and a new state Supreme Court ruling extending the castle doctrine to “cohabitants” that made the case nearly impossible to try.

Photo: Michael Brody Robbins, courtesy of Susann Robbins

The Homeless Black Man Gunned Down at a Gas Station

San Antonio, Texas Oct. 14, 2021

What happened: 35-year-old William Hawkins approached a man near a car at a gas station, the Downtown Food Store. Hawkins, who was homeless, was unarmed. Seven seconds later, the customer shot Hawkins in the chest. Then he stepped over Hawkins, got into his car and drove away – all recorded by a security camera. A police report suggested that Hawkins “aggressively” approached the customer and seemed to “startle him.” But Dawn White-Fosdick, president of a nearby shelter where Hawkins was a client, told Reveal that the video shows this wasn’t true: “He wasn’t waving his arms, he wasn’t running. He was doing nothing that would make you think you were being attacked.” Hawkins was rushed to the hospital but died from his injuries.

Outcome: The shooter told police that he had shot someone because he felt threatened. A grand jury reviewed the case and decided there was not sufficient evidence to show a crime had been committed. The shooter wasn’t charged and his name was never released to the public. Joe Gonzales, the Bexar County district attorney, told Reveal that he was “disappointed” with the outcome. White-Fosdick said the grand jury’s decision sent a chilling message: Under stand your ground, “every homeless person can just be shot.”

Photo: A memorial for William Hawkins, by Scott Ball/San Antonio Report

Argument Escalates Into Deadly Gunfight

Hiawatha, Iowa May 30, 2020

What happened: A neighbor told Joshua Lathrop that he’d seen a man load a clip into his gun and shout that he was “gonna get somebody” for attacking his brother’s girlfriend. Lathrop walked up the road with his teenage daughter to check it out. But Lathrop was drunk, and according to witnesses, a bit belligerent. He got into an argument with the man, Terrone Bell, asking why he was roaming around the trailer park with a gun and demanding to see it. Bell refused, replying that he had a legal permit to carry and did not need to show it. The argument escalated, and Lathrop punched Bell in the face, according to witnesses. Three other men entered the fray, escalating the confrontation into what police described as a “frenzied gun battle” in which at least 25 shots were fired. Bell fatally shot Lathrop and was seriously injured himself. He later told police he thought he was going to be shot.

Outcome: The Linn County prosecutor, Jerry A. Vander Sanden, said he could not determine who shot first and declined to press charges against anyone for Lathrop’s death. In a written statement, the prosecutor argued that he couldn’t overcome Bell’s stand your ground claim, pointing to the fact that Lathrop was intoxicated as a complicating factor. His widow, Sarah Lathrop, doesn’t agree with the prosecutor’s conclusion, contending that Bell was not in imminent danger and any threat posed by a punch from her husband was certainly not lethal. “The stand your ground law is protecting his killer,” she told Reveal.

Photo: Joshua Lathrop, contributed via Cedar Memorial