Conviction:  First Degree Murder
DOC# 0266707
Parole Review Date:  8-9-07
Sentence:   LIFE
Has Served:   32 yrs 8 mths to date

Crime Story
On August 11, 1973, victim #1 and victim #2 were working as a security guard and night manager at the Days Inn Motel on Tuckaseegee Road in Charlotte. NC  Victim #1 had a .32 Burgo pistol in his possession.  At about 2:45 a.m. that morning both victims were found on the floor in the office.  Each had been shot several times.  Victim #1 was dead at the scene and victim #2 died shortly after being transported to the hospital.

Victim #1's pistol was missing along with $200 cash from the office.  Evidence proved that David McCullough along with co-defendant, Bobby Foster, planned and carried out a robbery at the Days Inn Motel on the night of August 11, and that in the course of the robbery both victims were shot and killed.Evidence later proved that victim #1's pistol had been used as one of the murder weapons during the crime and that both subjects were shot at close range while laying face down on the floor. 

McCullough and Foster fled the state after the murders and were subsequently arrested and brought back to NC for trial.  They were both tried on 9-30-74 which resulted in a mistrial.  At their second trial, on 11-11-75, both defendants were convicted of two counts of first degree murder and sentenced to death in each case.  They appealed and were awarded a new trial. 

On 5-10-76, both defendants were again tried and convicted of the two counts of first degree murder and sentenced to death in each case.  On appeal, the NC Supreme Court affirmed the convictions but vacated the death sentences in favor of the substitution of life imprisonment in each case.

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