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OGDEN — A Hooper man found guilty of taking part in a 2018 murder at an Ogden homeless encampment will soon be sent to a state prison.
Cory Michael Fitzwater, 38, was sentenced Friday to a term of at least 16 years in prison in connection with the shooting death of 28-year-old Brian Racine, who was sleeping at a homeless encampment near Ogden's 21st Street Pond on Aug. 16, 2018, when he was fatally shot in the head.
During a February trial, a Weber County jury found Fitzwater guilty of murder, a first-degree felony; obstructing justice, a second-degree felony; possession or use of a firearm by a restricted person and two counts of tampering with a witness, third-degree felonies. Fitzwater's codefendant — Dalton Aiken, 31, of North Ogden — was also convicted of murder and sentenced in 2019 to 16 years to life in prison.
Both men were arrested minutes after the shooting, as police in the area noticed a car parked near the pond. Deputies pulled the car over and smelled marijuana, which they later found in Aiken's pocket. Deputies also found a handgun between the seats and a magazine in the passenger seat. Police were called to the pond later that day after Racine's body was discovered.
Initial charging documents in the case said that Aiken told police the two were in the area to "find and harass homeless people."
During the Friday sentencing hearing, a letter from one of Racine's family members was read aloud in court. The letter condemned Fitzwater for his lack of remorse in the killing and stated that Racine's two daughters will grow up without their father.
"You finally get what you deserve," the letter said.
Related:
Police identify man whose body was found near 21st Street Pond
On Tuesday, police identified a California man who they say was shot and killed before his body was found near the 21st Street Pond.Fitzwater's attorney, Randall Richards pushed for a concurrent sentence, pointing to his lack of a criminal record while as an adult. Richards also said Fitzwater served his country in the military before being injured in Afghanistan and suffering from a traumatic brain injury and post-traumatic stress disorder.
When given the opportunity to speak, Fitzwater declined to make a statement.
James Swink, a Weber County prosecutor, said Fitzwater's actions since his 2018 arrest showed a lack of remorse. Swink said Fitzwater has tried to minimize his involvement in the shooting and deflect responsibility. He directed the court's attention to Fitzwater's actions while in jail. Fitzwater was initially accused of trying to bribe fellow inmates at the Weber County Jail to lie to investigators that Aiken had admitted to shooting Racine. The lies would later result in the felony witness tampering charges, of which the jury found Fitzwater guilty.
Second District Judge Camille Neider said that while Fitzwater's military service is commendable, his prior life does not excuse his criminal actions. She said that Fitzwater's use of his military experience as an excuse was an offense to the court, including his efforts to persuade other jail inmates to lie on his behalf.
"This was a band of lost boys you took advantage of," Neider said. She added that his efforts to deflect responsibility in the case was "inexcusable."
Related:
Jury finds Hooper man guilty of murder in 2018 Ogden shooting
A jury found Cory Fitzwater, of Hooper, guilty of murder in connection with the 2018 shooting death of Brian Racine as he slept at a homeless encampment in Ogden.Neider ordered that the obstruction of justice and gun possession charges run consecutively with the murder charge, which carried a minimum of 16 years to life in prison. She also ordered that the two counts of witness tampering, which carry a sentence of zero to five years in prison, run concurrently with each other. However, Neider ordered the witness tampering charges to run consecutively with the other three, potentially extending Fitzwater's prison time.
She also recommended Fitzwater be given credit for the 1,257 days he's spent incarcerated at the Weber County Jail. Fitzwater, who was mistakenly released by the jail after his initial arrest, has remained in jail custody without bail since September 2018. He will be transferred to the Utah Department of Corrections to begin his prison term.
