FARMINGTON -- The second of two men charged in the 1996 murder of a Woods Cross Motel 6 clerk will stand trial on first-degree felony murder and aggravated robbery charges.
After the conclusion of a preliminary hearing Thursday afternoon, 2nd District Judge Rodney Page decided sufficient evidence exists to put Brandon Fairbourne, on trial in the murder of Matthew Whicker, 30. At the time of his death, Whicker and his wife had two young children.Page's decision came after two women, high school acquaintances of Fairbourne, testified last week to overhearing Fairbourne saying he was at the crime. Another woman, Shamara Bahnmiller, said she heard Fairbourne talking about how he and some friends melted down the gun used in the murder into an ash tray.
Bahnmiller said she also heard Fairbourne saying newspaper reports on the amount of money stolen from the motel were wrong. Fairbourne said $435 or $437 was taken. Woods Cross police detective Bruce Timothy testified last week that $499 was taken.
The only new evidence presented during Thursday's brief hearing were statements Fairbourne made to an inmate while in the Davis County Jail.
The inmate, David Watson, said he had a three- to five-minute conversation with Fairbourne in the jail's day room.
"He flat out told me that he didn't do it, that Todd (Rettenberger) did it," Watson said. "He said, 'I was outside.' "
Rettenberger is also facing trial on murder and aggravated robbery charges. He was arraigned Monday and pleaded not guilty.
Fairbourne, 19, has also denied taking part in the murder, which occurred just after 9 p.m. on Oct. 29, 1996. Fairbourne did not testify during his preliminary hearing. Fairbourne's defense attorney, Brad Rich, claims the "second-hand statements" offered as evidence came from people who had "an ax to grind" against his client.
Fairbourne was arrested in November 1999 by Woods Cross police after investigators found evidence they said linked him and one other man, Justin Schulba, to the slaying.
Charges against Schulba have since been dropped.
Rettenberger, 21, originally confessed to the murder, but on Aug. 27, 1999, the Utah Supreme Court tossed out that confession, ruling that police coerced Rettenberger's admittance after two days of interrogation.