A Bloomington man sentenced to 110 years in prison for murder is getting a new trial.
A state appeals court has tossed out the first-degree murder conviction against Michael Bakana.
Bakana, 45, was convicted last year of a fatal shooting outside a Bloomington nightclub in January 2021. Mariah Petracca, 22, of Bloomington was shot and killed. Another woman, Bibi Cornejo of Bloomington, was wounded in the shooting.
The 4th District Appellate Court in Springfield ruled this week the jury should have been given the option of a second-degree murder conviction.
The defense had sought that as an option. The court had denied it. Judge Casey Costigan believed it could not offer the lesser charge because Bakana was not present for the trial to agree to that consideration.
Police captured him in Lexington, Kentucky, shortly after the verdict.
He will need to return to McLean County court for a new trial date.
The appeals court upheld Bakana's conviction for attempted murder. He faces 50 years in prison for that charge.
