A Clearfield man was arraigned on a murder charge Monday in 2nd Circuit Court in the Nov. 7 shooting death of his brother. Joseph Dilello, 28, is charged with first-degree felony homicide in the death of Michael Dilello, 33.

Judge K. Roger Bean set a Jan. 25 preliminary hearing on the charge and also scheduled a Jan. 18 hearing to determine if Dilello's attorney, Loren Martin, can represent him.Martin, a former Davis County attorney, is the Dilello family attorney, and the judge wants to determine if representing Dilello on the murder charge would affect Martin's dealings with other family members.

According to Clearfield police, the two brothers had been arguing for several hours before the 4 a.m. shooting. Michael Dilello, who was staying with his brother in his mobile home, left the house, and Joseph told him not to return.

He came back and was trying to force his way in, according to police, when the younger Dilello shot at him more than a dozen times with a .22-caliber rifle. Michael Dilello was hit by numerous bullets, according to police, including seven shots in the back. He was dead at the scene.

The murder charge was filed several weeks after the incident as the county attorney's office tried to determine 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.

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The case has sparked some interest among police and prosecutors because Dilello's defense attorney, Martin, helped draft the self-defense statute.

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