Suspect arrested in connection to fatal shooting of Ogden man

Jan 4, 2023, 7:50 AM | Updated: May 21, 2023, 4:28 pm

WEST VALLEY CITY, Utah — Police have arrested a 21-year-old man in connection with the shooting death of a 20-year-old man in December.

Officials with the West Valley City Police Department said Dylan Upshaw was located by investigators in Salt Lake City before being booked into jail on felony charges of murder and obstruction of justice.

On Dec. 27, 2022, police were called out to Intermountain Medical Center in Murray after the victim, identified as Xavier Bernal, of Ogden, died from a gunshot wound.

Ogden man shot, killed at West Valley City apartment complex

According to court documents, a witness at the scene told officers the shooting happened at the Redwood Apartments, located near 4000 S. Redwood Road.

A witness also provided “digital evidence” that detectives said was “tied directly to the scene” of the crime.

Officers located the crime scene in the apartment complex’s parking lot and said digital evidence there tied Upshaw to the crime.

In a probable cause statement, police said “an involved party provided a recording of a witness explaining (Bernal) went to meet (Upshaw) for a transaction, during that transaction an altercation occurred which resulted in (Bernal) being shot.”

Bernal was then driven to Intermountain Medical Center, where he later died. Other passengers in the vehicle told police Bernal left the car and when he returned, he was injured and collapsed.

On Tuesday, police received a tip that Upshaw and his girlfriend were at a local hospital.

Officers responded to the hospital and arrested Upshaw. Police said Upshaw invoked his right to remain silent after being read his Miranda rights.

Police said Upshaw has ties to Arizona and they believe he was planning on leaving the state.

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Suspect arrested in connection to fatal shooting of Ogden man