Savoy man's third sentencing in brother's 2010 murder nets 64 years (w/ audio)

Savoy man's third sentencing in brother's 2010 murder nets 64 years (w/ audio)

URBANA — For the third time, a Champaign County judge has ordered a Savoy man behind bars for a lengthy period in the 2010 shooting death of his brother at the family’s now-closed Tolono IGA store.

On Thursday, Judge Heidi Ladd sentenced 49-year-old Brian Maggio to 64 years in prison.

Maggio had originally pleaded guilty to first-degree murder in June 2011 and was sentenced to 35 years. He appealed, arguing that his sentence didn’t include the legislative enhancement for crimes committed when the offender fires a gun. Judge Heidi Ladd agreed, leading to a January 2015 trial in which a Champaign County jury convicted him of murder. Ladd then sentenced him to 65 years.

Maggio appealed the second sentence to the Fourth District Appellate court, arguing that Ladd improperly used his refusal to cooperate with a presentence investigation against him. The appellate court agreed, ruling that Maggio was invoking his Fifth Amendment right to remain silent.

That resulted in Thursday’s third sentencing.

Listen to Tim Ditman's report from court below:

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