A Clearfield man charged with murder in the November shooting of his older brother will have his preliminary hearing Feb. 11 in 2nd Circuit Court in Layton.
Judge K. Roger Bean this week ruled that former Davis County Attorney Loren Martin can remain as defense attorney for Joseph Dilello, 28, facing the homicide charge in the Nov. 7 shooting death of his brother Michael Dilello, 33.Martin is the Dilello family attorney, and Bean, after reviewing Martin's past and current obligations to other family members, ruled defending Dilello on the homicide charge is not a conflict of interest.
In addition to being the former county attorney, Martin helped write the state's self-defense statute that allows a homeowner to use deadly force if he feels threatened by an intruder. Martin is expected to use that law in Joseph Dilello's defense.
According to police reports, the two brothers had argued the night before the shooting. Michael Dilello was staying with his younger brother in his mobile home while going through a divorce and custody battle, police said.
After the argument, Michael left the home and was told by his younger brother not to return, police said.
But he came back around 4 a.m. Nov. 7 and tried to force his way into the mobile home, according to police. Joseph Dilello fired over a dozen shots at him with a .22-caliber rifle, according to investigators, hitting him numerous times, including seven shots in the back.