By Eric Stock

SPRINGFIELD – A man serving 70 years in prison for a murder at Miller Park in Bloomington over a decade ago has renewed hope of getting a new trial.

Byron Merriweather, 32, was convicted in 2006 for the 2003 shooting of Stephen McDade, 24, during a fight between rival gangs.

Merriweather filed a petition with the court in 2013 claiming newly discovered evidence, including statements from four men. The defense later filed an affidavit from Rashon Pike who identified someone else as the killer.

Pike said he talked to Merriweather at Menard Correctional Center in Chester who told him he had been sentenced for the park shooting.

McLean County Judge Robert Freitag rejected the request for a new hearing making no mention of that affadavit.

An Illinois appellate court sent the case back to McLean County for a hearing on his request, stating in its opinion “… the court does not appear to have ruled on defendant’s motion to supplement the record with Pike’s affadavit.”

“It is not ever clear whether the court was aware of the motion… as it did not reference Pike’s affadavit,” the court said in its ruling.

Merriweather was sentenced to 70 years in prison without parole, that included an automatic 25 years for a gun crime.

Freitag will consider whether the new evidence would have likely led to a different outcome at trial. In that case, he may then schedule a hearing in which the defense may make the case for a new trial.

Eric Stock can reached at [email protected].