Raul Garcia Jr., the last of four defendants in the murder of Nevada Insurance Examiner William McCune, was sentenced to prison Monday.
District Judge Todd Russell ordered Garcia, 24, to serve 50 years for his part in the crime — the same sentence that was given to Anthony Elliott in the case.
That provides both men an opportunity for parole after serving a minimum of 20 years.
Assistant District Attorney Mark Krueger argued for a life sentence with possible parole saying Garcia was involved in every part of the murder and subsequent attempt to dispose of the body in the Carson River.
But Russell went along with defense counsel Ben Walker’s argument for the fixed sentence saying, even though both carry a minimum of 20 years behind bars, the fixed sentence allows Garcia to participate in prison programs that could help convince the Parole board to give him a chance down the line.
Walker argued Garcia got a less favorable plea bargain than Elliott and the other two people because he was the last to take a deal.
“I don’t want him to be penalized because he made his plea bargain later,” he said.
He also argued the facts of the case show little difference between Garcia’s involvement in the robbery/homicide and Elliott’s involvement so he shouldn’t get a stiffer sentence.
He also pointed out Garcia had no prior criminal history and had strong support from his family, a dozen members of which were in the courtroom Monday.
“You do have tremendous family support,” said Russell. “You also have no other prior record.
“I do not feel a whole lot of distinction between you and Mr. Anthony Elliott,” he said in imposing the 50 year sentence.
Garcia, Elliott, Michael Evans and Makyla Blackmore were all sentenced for their part in the April, 2013 killing.
The three men were actually in the Silver Oak Drive apartment and beat McCune to death in an attempt to make him give up the pin numbers for his credit cards. They stole a number of items, then returned the next day to take more things. They wrapped McCune’s body in a blanket and duct tape and dumped him in the Carson River.
Evans was sentenced to life for second degree murder with parole possible after 10 years. Blackmore, who wasn’t in the apartment, was allowed to plead guilty to conspiracy to commit robbery and possession of the stolen credit cards.