URBANA, Ill. (AP) — A Champaign County judge has sentenced a Savoy man for third time for the 2010 shooting death of his brother at the family’s Tolono grocery store.
Judge Heidi Ladd on Thursday sentenced 49-year-old Brian Maggio to 64 years in prison.
The News-Gazette in Champaign reports Maggio originally pleaded guilty to first-degree murder in June 2011 and was sentenced to 35 years. He later appealed, arguing his sentence didn’t include the legislative enhancement for crimes committed when the offender fires a gun.
Ladd agreed, leading to Maggio’s conviction in a January 2015 trial. Ladd then sentenced him to 65 years.
Maggio appealed the second sentence, arguing Ladd improperly used his refusal to cooperate with a presentence investigation against him. The appellate court agreed, ruling Maggio was invoking his Fifth Amendment right to remain silent. The court ordered a resentencing.
