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Appellate court upholds DuPage murder conviction

An appellate court has upheld the murder conviction of a man accused of shooting a person near Bloomingdale in 2018.

The 3rd District Appellate Court has ruled that a DuPage County judge did not make three mistakes during the trial of Donald Pelka, 65, according to a news release from the DuPage County state’s attorney’s office.

Pelka was charged with first-degree murder for shooting Kyle Gojdas, 29, at the Bella One Spa at 25W319 Lake St. The spa was a 24-hour adult-oriented business, and Gojdas worked there as a security guard.

Pelka was a customer. The two argued in the parking lot, and Pelka shot Gojdas, who was not armed, according to prosecutors.

Pelka is serving a 50-year prison sentence.

In his appeal, Pelka argued the judge should not have admitted some security video footage, should not have barred other evidence, and allowed incorrect jury instructions.

The three-judge appellate panel said the video was properly admitted, and there was no indication of improper manipulation of it, according to the news release.

In addition, the panel ruled the judge was correct in not allowing evidence that Gojdas’ backpack contained the psychostimulant bromantane because an autopsy didn’t show any in his body. There also was no testimony that Gojdas took bromantane.

It also ruled the jury instructions were appropriate.

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