October 15, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court
) of Cook County.
v. ) No. 02 CR 29731
BRIAN McCULLUM, ) Honorable Evelyn B. Clay,
) Judge Presiding.
PRESIDING JUSTICE MURPHY delivered the opinion of the court:
Following a bench trial, defendant, Brian McCullum, was found guilty of first degree
murder but mentally ill (720 ILCS 5/9-1(a)(1), 6-2(c) (West 2004)) for the November 1, 2002,
shooting death of Mario Davey. The victim was shot five times by defendant while working as a
security guard at the White Castle restaurant located at 1550 East 79th Street, Chicago, Illinois.
Defendant was sentenced to 45 years’ imprisonment for first degree murder (730 ILCS 5/5-8-
1(a)(1)(a) (West 2004)). This appeal followed the trial court’s denial of defendant’s posttrial
Defendant does not dispute the trial court’s finding that he shot the victim, but asserts
several other issues on appeal. Defendant’s primary contention is that the trial court’s finding