A Clearfield man has been charged with murder in the Nov. 7 shooting death of his older brother. Joseph Dilello, 28, is scheduled for arraignment Monday in 2nd Circuit Court in the death of his brother Michael Di-lel-lo, 33.
Clearfield police detective Bill Holthaus and prosecutors from the Davis County attorney's office reviewed evidence for over a month before deciding last Friday to file the charge, a first-degree felony."It was a combination of witness statements, the medical examiner's report, and other physical evidence that led to the decision to file the charge," said Holthaus.
The two brothers had argued and fought for several hours prior to the shooting, and the victim, who lived in Salt Lake City but was staying with his brother during a divorce and custody dispute, had left the trailer and had been warned not to return, according to police.
But the elder Dilello came back around 4 a.m. Nov. 7 and tried to force his way in, Holthaus said. His younger brother responded by shooting at him over a dozen times with a .22-caliber rifle, he said.
A number of bullets hit the victim, investigators say, including seven shots in his back. He was found dead outside the home.
Prosecutors decided to file the charge after examining the evidence to see if the shooting was justified under Utah's self-defense statute, which allows a homeowner to use deadly force if he feels threatened by an intruder.
Michael Dilello has not been booked on the charge yet, Holt-haus said. Prosecutors sent his attorney a summons ordering Dilello to appear in 2nd Circuit Court Monday for arraignment and booking and then filed the charge in the Layton court.