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System error led to Ogden murder suspect’s mistaken release

Ogden • Weber County authorities say a miscommunication led to an Ogden murder suspect mistakenly making bail.

Sheriff’s Lt. Joshua Marigoni told the Standard-Examiner on Friday that the error occurred during the booking process last month. Deputies arrested 35-year-old Cory Michael Fitzwater on Aug. 17 after a gun in his possession was linked to the body of 28-year-old Brian Racine. Fitzwater was able to post a $20,000 bond after being booked on suspicion of murder.

Marigoni says Fitzwater’s case incorrectly defaulted to a bail amount when jail personnel could not find the criminal code they needed to enter. He was released by the time a no-bail order was completed.

Fitzwater turned himself in Sept. 10 and has been held since. He is scheduled to appear in court Sept. 26.