Fitzwater & Aiken Prelim Hearing  01

Dalton Aiken listens during a preliminary hearing Wednesday, Dec. 12, 2018, at Ogden's 2nd District Court. Cory Fitzwater and Dalton Aiken are accused of shooting and killing a homeless man in August.

OGDEN — A trial is set to begin next month to decide the fate of a North Ogden man, who is one of two people accused of murder in a case.

The jury trial for Dalton James Aiken, 28, will begin on Thursday, June 6 in Ogden’s 2nd District Court. Jury selection will take place the day prior on June 5, according to prosecutors. Both defense counsel and prosecutors, along with Aiken, will appear in court on June 4 to discuss jury instructions.

The details of the trial dates and jury instructions were finalized during a brief hearing Tuesday afternoon. Both prosecutors and defense counsel met with Judge Camille Neider in chambers before the hearing began, and later said on the record that the trial will feature over 150 exhibits.

Prosecutors are anticipating 75 potential jurors will be screened to possibly participate in the trial.

Aiken is one of two men charged with murder in connection with the shooting death of 28-year-old Brian Racine, who was found dead with a gunshot wound to his head on Aug. 16, 2018 at a transient camp near Ogden’s 21st Street Pond.

Aiken and another man, 35-year-old Hooper resident Cory Michael Fitzwater, are charged with one count of murder, a first-degree felony, and possession of a firearm by a restricted person, a third-degree felony.

Prosecutors said during the Tuesday hearing that they will file an amended exhibit list that will consist of all pieces of evidence they will admit for use during the trial.

Among the pieces of evidence that will likely be discussed Aiken’s trial will be a telephone call Aiken made to his father while in custody at the Weber County Jail. The call was played in court during a preliminary hearing that took place in December.

“I got in trouble, dad,” he said. “Cory (Fitzwater) killed someone, and he said it was me.”

Aiken went on to tell his father that Fitzwater “shot a homeless guy for no reason,” and he had no idea the shooting would take place.

During the same hearing, prosecutors played an audio recording of Fitzwater calling his wife from the Weber County Jail.

Fitzwater said told his wife that he was in jail and that Aiken was blaming him for Racine’s death. “They got me in here for murder,” Fitzwater said. “Dalton shot a guy.”

In a March hearing, Neider ruled that the two would have separate jury trials, rejecting a motion made by prosecutors in December.

Fitzwater will be in court Wednesday afternoon as his counsel and prosecutors will discuss his bail status. Fitzwater’s jury trial is scheduled to begin in November.

Aiken and Fitzwater are being held without bail.

Jacob Scholl is the Cops and Courts Reporter for the Standard-Examiner. Email him at and follow him on Twitter at @Jacob_Scholl.

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