Bloomington man gets 62 years to life for murdering childhood friend
FONTANA -- A Bloomington man convicted of murdering his childhood friend was sentenced today to 62 years to life in prison.
Brian Gary Cullens, 48, was convicted of second-degree murder in October for allegedly shooting and killing Donald Marshall, 41, on June 7, 2003.
According to prosecutors, Marshall confronted Cullens the night of his death because he believed Cullens had stolen his tools and was romantically involved with his wife.
When Marshall, of Bloomington, went to Cullens' home in the 11100 block of Laurel Avenue and tried to fight him, Cullens shot and killed him, prosecutors alleged.
Cullens then dumped Marshall's body in the Jurupa Mountains and set it ablaze, causing a small brushfire, prosecutors alleged.
Prior to his sentencing today, Cullens denied responsibility for the killing when he took the witness stand in Fontana Superior Court as part of a bid for a new trial.
"I am not guilty of this charge," said Cullens, who was wearing orange jail scrubs, with his hands bound and his legs shackled. "I'm not guilty of any charge."
Cullens said he felt he didn't receive a fair trial. He said police failed to perform DNA testing on blood stains on his car which he believes may have helped prove his innocence.
"It would prove that it wasn't the victim's blood on the tailgate," Cullens said.
He also said his defense attorney did a poor job representing him, and a juror briefly fell asleep during his trial.
Judge Arthur A. Harrison rejected Cullens' motion.
Written statements from four of Marshall's family members were read aloud in court before Cullens was sentenced. The family members expressed no doubt about Cullens' guilt.
Marshall's younger brother, Chuck Marshall, said, "If Brian ever gets out, he will hurt someone else."
"Not a day goes by that I don't think about Don, and I miss him," he added.
The two main witnesses in Cullens' trial last year were a man who testified that he saw the killing happen, and a woman who said Cullens forced her to help dispose of Marshall's body.
Cullens' attorney told jurors that her client was not present during the shooting, and was framed by the two witnesses. Cullens did not testify in the trial.
Second-degree murder carries a base sentence of 15 years to life. Cullens' sentence was significantly longer because he used a gun, he has several prior convictions, including a strike, and the jury also convicted him of assault with a firearm.
Cullens' sentence makes makes him eligible for parole in 2065, when, if still alive, he will be 103 years old. His attorney said she would file a notice of appeal for Cullens.
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