Local family speaks out against man who killed son

Reported by: Jaime Hayden
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Updated: 5/28 7:23 pm
SPARKS, Nev. (MyNews4.com & KRNV) -- Family and friends of the man that was killed in a trespassing incident in February are speaking out. They say Cody Devine, who was shot and killed three months ago, was in the wrong place at the wrong time.

Devine's family said they are still mourning the loss of his life, but are starting to get closure now that the man who murdered their son and friend is behind bars.

"You wait to hear the key in the door and the phone that's not going to ring, and he's not going to call anymore," said Devine's mother Debbie Peckham.

Peckham said her 34-year-old son had a heart of gold. She said he was just in the wrong place at the wrong time, but did not deserve to die. "He had no right, even if it was his house, to basically take the law into his own hands."

73-year-old Wayne Burgarello was arrested Tuesday for murder and attempted murder after Sparks Police say he shot two trespassers at his vacant property in February. "He's hurt a lot of people and destroyed a lot of lives," said Peckham.

Police allege Burgarello shot and killed Devine, and injured the woman with him after finding them sleeping inside the home. Devine's mother said Burgarello’s arrest is one step closer to justice for her son.

"I’m elated, happy, I’m glad he got arrested because I don’t know if he thought he was going to walk free or what," said Peckham.

The family also said Devine was not homeless or a squatter. They said he thought he was visiting a friend at her own home. "He had plenty of places to go, I want that to be stressed because it’s still going out, that he's a squatter and he wasn't," said Amanda Gavin.

Devine's family believes Burgarello needs to pay for what he did. Their hope is that more people realize they cannot take the law into their own hands. "It's kind of sad both ways. They’re losing a part of their family to jail and we lost a part of our family to murder. It's sad either way," said Gavin. "But I’m happy that there will hopefully, praying, that there will be justice."

News 4 requested a jailhouse interview with Wayne Burgarello, but he has declined to speak to us. A bail hearing for Burgarello has been set for 1:30 pm on June 2 at the Sparks Justice Court.
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16 Comment(s)
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renojim - 5/30/2014 5:17 PM
0 Votes
Oh LASD you are so witty, funny all the articles say they were sleeping, yet they don't mention meth????

Kramer - 5/30/2014 3:29 PM
0 Votes
he shoulda just boarded it up with them inside, gives plinking a bad name

LASD1096 - 5/30/2014 2:32 PM
1 Vote
just going by the injured girls statement,I guess she could have been lying and just saying they had done meth to make themselves look innocent?? Where did you come up with they were sleeping when he shot? Take a good look at the whole story and at least put accurate facts into your defense of who is probably a friend of yours. As for "moron" how nice and mature of you, but then again, you are the one defending the meth freaks, takes one to know one I guess.

renojim - 5/30/2014 1:34 PM
0 Votes
Also hard to believe they were doing meth, yet were asleep when he killed them. Hard to sleep on meth.

renojim - 5/30/2014 1:33 PM
0 Votes
Oh I get it, if someone litters on my lawn everyday and I call for the police everyday (which your purely assuming he may have) and I don't get help I can kill them for littering, great LASD, that's the way we should handle things. Moron.

LASD1096 - 5/30/2014 1:13 PM
0 Votes
Maybe you should go back to the first articles of this incident, the female said they were doing meth. Also, what makes you think that Mr. Burgarello had not called for assistance with this in the past? What makes you think this was a first time occurance? If they were not squatting in a house they "broke into", the male would be alive today and the female would not have lingering injuries. Sorry, they brought it on themselves and it ended badly. Put your address out here and the other stragglers of society can make use of your house when your gone Renojim.

renojim - 5/30/2014 12:51 PM
0 Votes
Well, by our code of law, they would have been arrested if Burgarello called the police, which is what we do in our society, and then they would have went to jail, which would have been them taking responsibility. Burgarello acting as judge and executioner is what my issue is.

renojim - 5/30/2014 12:49 PM
0 Votes
@LASD, in what article did you read they were doing meth? I haven't read one?

LASD1096 - 5/30/2014 8:23 AM
0 Votes
@renojim I never said breaking and entering is a death sentence, what I said is basically, there are 2 sides to every story and the squatters who were using meth in a residence that they broke into created their own situation. At what point do they take responsibility for their actions?

renojim - 5/29/2014 5:13 PM
1 Vote
LASD, breaking and entering is not punishable by death in the court of law, by your reasoning, if someone littered on my lawn I could kill them.
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