Witnesses detail 2003 Bloomington killing in murder trial
FONTANA -- Two witnesses to a Bloomington shooting death took the witness stand today in the first day of testimony in the accused man's murder trial.
Brian Gary Cullens, 47, is accused of shooting and killing 41-year-old Donald Marshall -- a man Cullens had known since childhood.
A witness to the shooting testified today that Cullens and Marshall were feuding, and Marshall went to Cullens' home in Bloomington on June 7, 2003 intending to fight him.
But when Marshall confronted Cullens and cocked his fist to hit him, Cullens took out a handgun from his waistband.
Marshall attempted to run from the area and Cullens opened fire, hitting Marshall in the head and killing him, Kenneth Fitzsimons testified in Fontana Superior Court.
Cullens then disposed of Marshall's body in the Jurupa Mountains, according to another witness, where it was discovered by authorities the next day when a brush fire broke out in the area.
Today's trial proceedings began with an opening statement from Deputy District Attorney Doug Schaller, who told jurors that a fire investigator discovered a fire accelerant in the area of Marshall's body, and police found a can of gasoline in Cullens' car.
Marshall was reportedly angry at Cullens because he believed Cullens was romantically involved with Marshall's wife while Marshall was incarcerated, Schaller said in an interview.
Cullens' attorney, Gina Kershaw, did not give an opening statement to the jury, instead reserving her opportunity to do so at the start of the defense case. During an interview, she declined to discuss her trial strategy and the defense theory of the case.
Fitzsimons said that he and Marshall went together to Cullens' Laurel Avenue home the evening of June 7, and within moments of their arrival the confrontation and shooting took place.
Fitzsimons said that although he was nearby, he didn't see Cullens fire the shots that killed Marshall because he had taken cover behind a car when Cullens took out his gun.
Not knowing that Marshall suffered a gunshot wound to the head, Fitzsimons drove around the neighborhood looking for him. He returned about 30 minutes later with Andrea Johnston, a friend of Marshall and Cullens, Fitzsimons testified.
When Fitzsimons and Johnston arrived, Cullens showed them Marshall's body -- Marshall had suffered a serious head wound, and he had no pulse, Johnston testified.
Cullens then made a remark to Johnston indicating that he wanted to kill Fitzsimons to eliminate witnesses.
"I overheard him say, 'I'm going to have to do him too,' to [Johnston],'" Fitzsimons testified.
Fitzsimons left the area after telling Cullens he wouldn't "rat him out" for the shooting, Fitzsimons said.
Johnston testified that she feared Cullens would kill her after Fitzsimons left, so she complied when he ordered her to help him dispose of Marshall's body.
"I wasn't asked," Johnston said. "I was told I was going to help him."
Cullens wrapped Marshall's body in a large blue industrial tarp, and Johnston helped him put the body in the bed of Cullens' pickup truck, Johnston testified.
They drove together south on Alder Avenue into the Jurupa Mountains, and Cullens went down a ravine with Marshall's body.
Johnston testified that she believed Cullens would shoot and kill her next, so she fled when Cullens made another stop at an abandoned property where he told her he would dump his gun.
In the course of today's testimony, jurors learned of Fitzsimons and Johnston's numerous felony convictions.
Johnston was in custody during her testimony -- she is currently serving prison time for an unspecified offense -- and Fitzsimons was taken into custody after he testified.
He was cited for petty theft last year but failed to appear on his court date, according to court records.
He had been living in Illinois, and he agreed to fly back to San Bernardino County to testify even though he knew he would be jailed and prosecuted for the theft charge.
"So that Donnie will get justice," Fitzsimons responded when asked by Schaller why he returned.
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