URBANA – A Champaign man who admitted fatally shooting a man in Urbana last spring because that man had earlier shot him was sentenced Monday to 18 years in prison.

Under truth-in-sentencing laws, Kenneth Z. Allen, 29, of the 1100 block of Hedge Road, will have to serve only half his sentence since he pleaded guilty to second-degree murder, a Class 1 felony carrying a potential term of four to 20 years in prison.

Allen admitted that he believed he needed to defend himself from Kenneth Nolan, 28, of Urbana when he shot him on May 6 in Urbana, but his belief was unreasonable, a necessary element of the lesser murder charge.

State's Attorney Julia Rietz said Mr. Nolan had been charged in October with attempted murder, aggravated battery with a firearm and unlawful possession of weapons by a felon for allegedly shooting Allen on Oct. 9, 2008. Allen had been released from prison on a driving-under-revocation conviction only a day earlier.

When it came time for Mr. Nolan's trial in March 2009, the state's attorney's office dismissed the charges because Allen, the victim, and other witnesses could not be found or had warrants out for their arrest.

"After that case was dismissed, Allen let a number of people know he was concerned that Nolan would seek revenge on him. He even had gone as far as trying to get an order of protection against Nolan, which was denied because he didn't meet the statutory requirement of (being) a family or household member," Rietz said.

About 10:30 p.m. on May 6, Rietz said, the two men were both outside at the intersection of Lierman and Hunter near the Scottswood Manor town homes when Allen shot Mr. Nolan.

"The second-degree murder resolution is based on Allen's actions following his being shot earlier by Mr. Nolan, and not anything that happened that night," she said, adding that the evidence was not the best for a first-degree murder conviction.

"Unfortunately, as is the case in many of these types of situations, witness reports were contradictory and the witnesses had some credibility and reliability issues," she said.

Allen, represented by Assistant Public Defender George Vargas, pleaded guilty Monday afternoon before Judge Harry Clem shortly before a jury was to be picked to hear his trial.

Assistant State's Attorney Adam Dill prosecuted the case.

Rietz said Allen had prior convictions for aggravated battery and other misdemeanors.