IN THE

2ND DISTRICT COURT - OGDEN

COUNTY OF WEBER, STATE OF UTAH

State of Utah

vs.
Affidavit of Probable Cause
CORY MICHAEL FITZWATER
Date of Birth: 07/26/1983
Arrestee

On 08/16/2018 21:35 the defendant was arrested for the offense(s) of:

Offense Date Offense Description Statute Gov Code Severity DV

1 08/16/2018 MURDER 76-5-203 UT F1 No

I believe there is probable cause to charge the defendant with these charges because:
On 08/16/2018, at around 0300 hours, Weber County deputies stopped a vehicle on west 17th St, leaving the
area of the ponds. The vehicle was occupied by two persons. Inside the vehicle, narcotics and a .45 caliber
firearm were found. The driver was subsequently arrested for possession of those items.

At around 0400 hours, officer responded to a transient camp in the area of 500 W 21st St where a victim had
been reported deceased and manner of death was suspicious. The occupants of the camp were interviewed and
stated that the victim had been left alone at the camp around 0200 hours, as that was the last time they saw
him alive. When they returned to the camp, the victim was found deceased and 911 was called.

On scene, a spent .45 caliber bullet casing was found in proximity to the victim. The apparent cause of death is
from a gunshot wound. The initial on scene determination was that this casing had been fired through a firearm
matching the make of the one seized in the above case. The Utah State Crime Lab NIBIN screening indicated
that the casing found on scene was fired from the gun seized in the traffic stop.

The driver in that traffic stop was interviewed by detectives. In the interview, he admitted to witnessing Cory
Fitzwater (Cory) shoot the victim in the head with the gun that was found in the vehicle. Cory was interviewed
and admitted that the gun seized in the traffic stop was his. He also admitted to being in the area at the time
this incident occurred.

Due to forensic evidence, and the eyewitness testimony of DA, Your Affiant believes that Cory Fitzwater has
committed the offense of murder, UT Code 76-5-203.

I believe these to be additional condition(s) for continued detention:

The person would constitute a substantial danger to any other person or to the community, or is likely to flee the
jurisdiction of the court
Subject has access to multiple firearms

Officer Name: ANDREW LORIN HOWARD Badge ID: 928

I am a sworn officer with: UT0290100 - Ogden City Police Dept
Arresting agency case number: 18G61665 Associated citation number:

I declare under penalty of perjury and under the laws of the State of Utah that the foregoing is true and correct.
/s/ ANDREW LORIN HOWARD
SUBMISSION IDENTIFICATION INFORMATION
Booking agency: WEBER CO SO Booking agency ORI: UT0290000
Booking agency case number: 18-14733 SID: 823617 OTN:
Booking UserID: wmoss Booking date/time: 08/17/2018 00:19 Submission ID: 264221 (Version 1)