OGDEN — A second man has been arrested in connection with the shooting death of a man near Ogden’s 21st Street Pond.

Police say North Ogden resident Dalton James Aiken, 27, and Hooper resident Cory Michael Fitzwater, 35, went to the area of the pond to “find and harass homeless people,” according to a probable cause statement.

Aiken was charged and arrested Friday on one count of murder — aiding and abetting, a first-degree felony, and one count of possession of a firearm by a restricted person, a third-degree felony.

Around 3 a.m. on Aug. 16, Aiken was driving his car while Fitzwater was in the passenger seat when they were pulled over on west 17th Street by a Weber County Sheriff’s deputy, according to charging documents.

Officers allegedly found marijuana on Dalton, and later found a .45 caliber gun in between the two front seats, according to the probable cause statement.

Roughly an hour later, police discovered the body of 28-year-old Brian Racine near a transient camp at the 21st Street Pond.

Initially, police labeled Racine’s death as “suspicious” and there were signs of trauma on the body. Later it was revealed that Racine died from an apparent gunshot wound.

Investigators found a .45 caliber bullet casing near Racine’s body. A state crime lab test revealed that the bullet casing found at the scene was fired from the gun found in the traffic stop with Aiken and Fitzwater.

During an interview with police, Aiken reportedly said the two went to the transient camp to “find and harass” homeless people. Aiken allegedly told police he watched Fitzwater “shoot the victim in the head with the gun found in the vehicle,” according to both Fitzwater’s and Aiken’s charging documents.

When Fitzwater was interviewed, he allegedly told police he was in the area where the shooting occurred, but said he didn’t see anyone or hear a gunshot, according to Aiken’s charging document.

Police also found scratches on Aiken and Fitzwater that were “consistent with running through a heavily forested area,” according to Aiken’s probable cause statement. Police also found a full face ski mask in the car where Fitzwater was sitting, which had twigs and “a cotton type substance” that was consistent with the trees near the crime scene, the statement says.

Aiken was booked in Weber County Jail Friday evening, according to booking reports. Sometime over the weekend, Aiken posted a $100,000 bond and was released from the jail.

Neither Fitzwater nor Aiken are currently in police custody as of Monday afternoon.

Jacob Scholl is the Cops and Courts Reporter for the Standard-Examiner. Follow him on Twitter @Jacob_Scholl or email him at jscholl@standard.net.

(3) comments


What lowlifes! Why did these scumbags do that? Are they so pathetic they did not have anything better to do? They should of had no bail! Now we have a couple of random murderers on our streets.


For their punishment, I suggest that these two sorry excuses for human beings be sentenced to living in a homeless camp for a minimum of 2-5 years. I bet they'd be lucky to survive more than 30 days before someone doles out the same inhumane punishment to them that they inflicted on their innocent victim.


As if the homeless population didn't have enough issues these jokes of humans go out of their way to cause contention? This is frustrating.

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