Dupage Policy Journal

DuPage County State’s Attorney Robert Berlin announced today that the Third District Appellate Court of Illinois has affirmed the first-degree murder conviction of sixty-five-year-old Donald Pelka in the 2018 shooting death of twenty-nine-year-old Kyle Gojdas of Glendale Heights. In his appeal seeking a new trial, Pelka claimed that the cumulative effect of three errors committed by the Trial Court deprived him of his right to a fair trial. The three alleged errors presented by Pelka address the admissibility of security video footage, the preclusion of specific evidence, and jury instructions.

On September 28, 2018, at approximately 3:30 a.m., DuPage County Sheriff’s deputies and officers with the Bloomingdale Police Department responded to a call of shots fired at Bella One Spa located at 25W319 Lake Street in unincorporated Bloomingdale. Upon their arrival, authorities found Gojdas, an employee at Bella One Spa, unresponsive and suffering from gunshot wounds. He was pronounced deceased at the scene. Approximately ten minutes later, officers with the Hanover Park Police Department observed Pelka speeding and conducted a traffic stop. During the traffic stop, officers were advised that the vehicle in which Pelka was traveling matched the vehicle involved in the shooting. Pelka was taken into custody at this time.

An investigation into the murder found that Pelka was a customer at Bella One Spa and that he and Gojdas had gotten into a verbal altercation in the parking lot of the establishment when Pelka pulled out a handgun and shot Gojdas twice in the torso. The following day, Pelka appeared in Bond Court where bond was set at $1 million with 10% to apply. He had remained in custody at DuPage County Jail prior to his trial. On June 16, 2022, following a five-day-long trial, a jury found Pelka guilty of first-degree murder and on August 18, 2022, Judge Ann Celine O’Hallaren Walsh sentenced him to fifty years in Illinois Department of Corrections to be served at 100%.

In their decision, the Appellate Court rejected Pelka’s claims and found that security video footage was properly admitted and there was “no indication of improper manipulation of the video.” The Appellate Court also rejected Pelka’s claims that Trial Court erred in not allowing evidence regarding bromantane allegedly found in victim’s backpack after he was murdered stating “the autopsy did not show presence any drugs Gojdas system,” there testimony employees took bromantane.” final claim abuse discretion Trial gave proper instructions conclusion summarized “Finding no errors thus find cumulative error.”

“I thank Appellate thorough analysis case finding no errors let alone cumulative effect multiple committed affecting Mr. trial,” Berlin said “This decision will ensure Mr spends rest life behind bars cowardly unprovoked shooting unarmed man while work commend Assistant State Attorneys Nick Catizone Bridget Carlson outstanding efforts holding fully responsible murder Kyle I former Amy Watroba office Appeals Division her work upholding conviction fifty-year sentence.”

Presiding Justice McDade delivered judgment Court Justice Holdridge Justice Hettel concurring.