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.