Jury finds Bloomington man guilty of murder
FONTANA - A jury found a Bloomington man guilty of second-degree murder this afternoon for shooting and killing a man he had known since childhood, and dumping his body in the Jurupa Mountains.
Brian Gary Cullens, 47, will face a sentence of at least 15 years to life in prison for the June 7, 2003 killing of Donald Marshall, 41.
A jury of eight men and four women deliberated for about two full days before returning a verdict. Testimony in Cullens' trial lasted three days in Fontana Superior Court.
According to prosecutors, Marshall, of Bloomington, was angry at Cullens because he believed Cullens was romantically involved with his wife. Marshall he went to Cullens' house in Bloomington the night of the killing to confront him.
But when Marshall tried to initiate a fistfight with Cullens, Cullens pulled out a revolver and shot and killed Marshall as he tried to run away, according to prosecutors.
Cullens dumped Marshall's body in the Jurupa Mountains. Authorities discovered the badly burned corpse the following day after a brush fire broke out in the mountains.
Marshall's aunt, Donna Bacon, said: "We feel like justice is done."
"We just knew that Brian was guilty," Bacon said. "I know his mom will be very, very relieved that it's finally over with. She's been on pins and needles."
Prosecutors drew testimony during Cullens' trial from two witnesses to the killing - a man who testified he was with Marshall when Marshall was killed, and a woman who testified that Cullens forced her to help dispose of Marshall's body.
Cullens' attorney, Gina Kershaw, implied during the trial that the witnesses may have framed Cullens for the killing.
The jury had the option of convicting Cullens of first-degree murder, second-degree murder or voluntary manslaughter.
Second-degree murder carries a minimum sentence of 15 years to life in prison, though Cullens' sentence will likely be longer because he used a gun in the course of the crime and because of his prior criminal record.
Cullens was also found guilty by the jury of assault with a firearm.
Cullens will next appear in Fontana Superior Court on Friday for a hearing to determine his prior criminal convictions. A sentencing date will be scheduled at the end of that hearing.
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