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Jay Dortzbach, KSL TV

Charges: Men suspected in shooting wanted to 'harass homeless people'

By Ashley Imlay, KSL | Updated - Aug 27th, 2018 @ 10:21pm | Posted - Aug 27th, 2018 @ 5:58pm


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OGDEN — Two men have been charged in connection to an Ogden shooting death at a homeless camp earlier this month after one of them told police they'd gone to the camp "to find and harass homeless people," according to court documents.

Dalton James Aiken, 27, and Cory Michael Fitzwater, 35, were both charged Friday in 2nd District Court with murder, a first-degree felony, and purchase, transfer, possession or use of a dangerous weapon by a restricted person, a third-degree felony.

On August 16, according to the charges, police pulled over a vehicle on west 17th Street about 3 a.m. Aiken, who was driving, and Fitzwater were leaving the 21st Street pond and trail system, charges state.

Police found marijuana on Aiken, a .45 caliber gun between the front seats and the gun's magazine on the passenger seat, according to the charges.

An hour later, officers responded to a homeless camp at 500 West and 21st Street where there had been reports of a suspicious death, charges state.

Brian Racine, 28, was found dead from a gunshot wound. Racine was from California but had been living in Ogden for about a month, according to Ogden Police Lt. Tim Scott.

People staying at the camp said they had left the camp at 2 a.m. and returned to find Racine dead, after which they called 911, charges state.

A .45 caliber bullet was located near Racine, police said. A Utah State Crime Lab screening found that the casing was fired from the gun Aiken and Fitzwater had with them when they were arrested, according to the charges.

When detectives interviewed Aiken, he told police he had seen Fitzwater shoot Racine in the head with the .45 caliber gun found in the vehicle, charges state.

"(Aiken) said that they went to the 21st Street pond area to find and harass homeless people. (Fitzwater) was interviewed and admitted that the gun seized in the traffic stop was his," according to police.

Fitzwater told police he had been in the area at the time of the shooting but said he "didn't see anyone" and "didn't hear a gunshot," police said.

Both men had scratches on their bodies that police say were consistent with "running through a heavy forested area." Police also found a "full face ski mask" that had twigs on it on the floor of the passenger seat, charges state.

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