Stinde sentenced to 35 years for role in murder - Quad Cities Online

Stinde sentenced to 35 years for role in murder

Posted Online: April 15, 2009, 8:01 pm  
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By Bill Mayeroff, bmayeroff@qconline.com
Betty Harris was not happy as she walked out of the Rock Island County Justice Center Wednesday morning.

She had just watched as Raymond Stinde, the Rock Island man convicted of first-degree murder in January for his role in the death of her grandson, Gary Bourrage, was sentenced to 35 years in prison.

"They didn't give him enough time," she said. "I'm deprived of my grandson."

Mr. Bourrage, 33, was discovered on Sept. 13, 2008, shot to death in a car in an alley between 10th and 11th streets, and 14th and 15th avenues, in Rock Island.

Though the prosecution and defense agreed Mr. Stinde, 24, did not fire the gun that killed Mr. Bourrage, the prosecution said Mr. Stinde lured the victim to the alley with the promise of marijuana so accomplices could rob him.

During the robbery, someone shot Mr. Bourrage in the neck as he sat in the driver's seat of his car. Because Mr. Stinde was taking part in the felony that led to Mr. Bourrage's death, authorities said that makes him responsible for the murder under Illinois law.

Rock Island police Capt. Scott Harris said Wednesday afternoon that police still are searching for the person who fired the gun that killed Mr. Bourrage.

Before handing down the sentence, Rock Island County Circuit Court Judge Michael Meersman denied a defense motion to have the jury's verdict overturned.

David Hoffman, Mr. Stinde's attorney, argued that Mr. Stinde was found guilty of a murder committed in the course of a robbery, but the prosecution could not establish that a robbery had occurred or had even been attempted.

"The physical evidence does not provide any basis for an attempted robbery,"Mr. Hoffman said. "This is a murder because the law says it is. It is clear that the killing was senseless and was not an element of any attempted robbery. There is no basis for finding Mr. Stinde guilty based on an attempted robbery."

Assistant Rock Island County State's Attorney John McCooley argued that there is legal precedent for finding all participants in a robbery in which a murder occurred equally guilty of the murder.

"He certainly set up the deal," Mr. McCooley said of Mr. Stinde. "There's any number of reasons the completed act did not take place."

Before being sentenced, Mr. Stinde, who appeared nervous, was allowed to make a statement.

"I didn't do it nor did Iset it up,"he said. "My going down for this, it doesn't solve anything. I'm not a killer. Akiller is still out there walking around."

Judge Meersman said coming up with a sentence for Mr. Stinde was not easy.

"Sentencing is always an inexact science,"he said. "I do believe he was not privy to the fact that Mr. Bourrage was going to be killed. But Mr. Stinde put the engine in motion."

After handing down the sentence, Judge Meersman told Mr. Stinde, "You will serve 100 percent of this sentence."

Mr. Hoffman then asked the clerk to file notice of Mr. Stinde's intent to appeal the verdict before quickly leaving the courtroom without comment.