New trial ordered in deadly 2021 Downtown Bloomington shooting

SPRINGFIELD ( 25News Now ) - A man's time running from the law rather than attending his McLean County murder trial may have helped him win an appeal before a higher court.

Three justices on the Fourth District Appellate Court in Springfield on Wednesday ordered a new trial for Michael Bakana.

The 45-year-old man was found guilty of first-degree murder for killing Mariah Petracca and attempted murder for seriously wounding Bibianna Cornejo outside Daddio's bar in Downtown Bloomington in January 2021.

Justices reversed the murder conviction because trial court judge Casey Costigan did not instruct jurors that they could consider a less serious second-degree murder charge, which was required because Bakana's lawyers argued self-defense.

Bakana was released from jail before his trial after posting a $200,000 cash bond. Instead of showing up for the first day of jury selection. Bakana reportedly cut off the GPS ankle bracelet he was wearing and left the state.

The U.S. Marshal's office arrested Bakana in Lexington, Kentucky on the day he was convicted.

Judge Costigan said during the trial that he could not instruct jurors about second-degree murder without Bakana present to personally request the instruction.

"Notably, even the State attempted to inform the court at that time that a second-degree murder instruction was necessary because the court had allowed a self-defense instruction. Even so, the court refused to give the instruction," justices said in their 25-page ruling.

Bakana has been serving his 110-year prison sentence at the Lawrence Correctional Center in southeastern Illinois.

The appeals court upheld Bakana's attempted murder conviction.