WEST VALLEY CITY, Utah, Jan. 4, 2023 (Gephardt Daily) — A suspect in the Dec. 27 shooting death of Xavier Bernal has been arrested.
“Dylan Upshaw has been booked for murder & obstruction. Both charges are felonies,” a West Valley City Police tweet says.
“Upshaw was located in Salt Lake City by investigators and taken into custody.”
Upshaw’s probable cause statement says police responded to the Intermountain Medical Center emergency room, where the staff had been treating Bernal for a gunshot wound.
“Medical Staff at the hospital attempted life saving measures and subsequently declared Xavier deceased,” says a probable cause statement filed in the arrest of Upshaw.
“A witness at the scene informed officers the incident occurred at the Redwood Apartments located at 4000 S. Redwood Road. A witness provided digital evidence to detectives that they believed was involved in the incident, this evidence was tied directly to the scene.”
Detectives responded to the Redwood Apartments and located the crime scene in the parking lot, the police statement says. The scene was processed by the WVCD Forensics Unit.
“Digital evidence that came from the scene was directly tied to Dylan Upshaw. During the investigation an involved party provided a recording of a witness explaining Xavier went to meet A/P (arrested person) for a transaction, during that transaction an altercation occurred which resulted in Xavier being shot.”
On Tuesday of this week, a tip alerted the WVCPD that Upshaw and his girlfriend were at a local hospital, arrest documents say.
“Officers responded to the Hospital and located the A/P and took him into custody. The A/P was transported to the West Valley City Police Department for a formal interview. After the Miranda warning was given the A/P evoked his right to remain silent.”
The initial charges against 21-year-old Upshaw are aggravated murder, a first-degree felony; and obstruction of justice, a second-degree felony.
Funeral fundraisers
Multiple family and friends of 20-year-old Xavier Bernal have shared his photo and attempts to raise funds for his funeral and his mother’s travel from Mexico.
One such attempt is a gathering Saturday in Ogden at which Mexican will be sold, and raffles will help raise money. It will feature live music and a bouncy house.
“Please come support our family as we are in need to gather funds,” says a post indicating it was posted by a relative.
“And if any of you are able to donate any source of food, paper goods or raffle items please get a hold of me.”
The donation contact number is given as 208-589-8312.
Another family post asks for donations to be made directly to the Lindquist Mortuary, in Ogden, in Bernal name, with a request they be applied directly to his burial cost. The mortuary number is 801-394-6666.
