The Fifth District Court of Appeals in Mt. Vernon has recently upheld both the conviction and the 50-year prison sentence of Brodey I. Murbarger for the July 2014 murder of Megan Nichols, concluding a nearly three-year appellate process.
Murbarger’s appeal cited three main arguments:
Venue Change Denied: He claimed that excessive pretrial publicity in Wayne County denied him a fair trial and that his request to move the trial and hire an expert for a public opinion survey should have been granted. The court found that the jury was impartial and that no critical need for an expert was shown.
Sentence Challenge: His defense argued that the 50-year sentence violated the Illinois Constitution’s proportionate penalties clause, citing Murbarger’s age, lack of criminal history, and personal circumstances. The court rejected this, noting his educational background and maturity.
One-Act, One-Crime Rule: The appeals court agreed with the defense that multiple convictions for the same act violated the “one-act, one-crime rule.” The court vacated convictions on two counts (suffocation and strangulation) but affirmed the third (death by means unknown), which sustains the 50-year sentence.
Murbarger remains incarcerated at Menard State Penitentiary and will not be eligible for parole until October 7, 2070. After parole eligibility, he faces an additional three years of mandatory supervised release. The appellate decision leaves his sentence unchanged.