By Travis Uresk 1Natonjustice
Jensen, Ut.- On 9/19/23, Uintah County Deputies were dispatched to an address of 6250 South 9500 East in Jensen regarding two adult males fighting. The complainant stated the victim and 62-year-old Brian Paul Fitzwater were fighting in her kitchen, and Brian pulled a knife on the victim. The complainant also said the victim had sustained a cut on his hand and was hit with a pan over the head.
Sgt. Watkins was the first to arrive on the scene and located both adult males in the backyard. Brian was sitting on the ground, holding a T-shirt over his left shoulder. Deputy Ogle stood him up, removed the shirt, and saw a deep laceration to his left shoulder. The Deputy asked him what happened as they walked toward the ambulance.
Brian told Deputy Ogle, "The complainant brought an old boy back from New York who is supposed to be one of her sons, but he isn't."
Brian said he went inside to get a cup of coffee and started arguing with the male victim. The victim started to move toward Brian and told him, "You pulled a knife on me!" Brian told the victim, "I didn't pull no fucking knife on you, I put that fucking shit in the drain."
Brian asked the victim if he wanted to go outside, and then he was grabbed by the victim.
Deputy Ogle placed Brian in handcuffs before getting into the ambulance, advising him and the ambulance personnel he was detained. While inside the ambulance, Deputy Ogle read Brian his Miranda Rights. Brian stated he understood his rights and declined to speak with the Deputy regarding the incident.
Deputy Ogle spoke with the complainant inside the residence, asking her to tell him what had happened. The complainant stated she was standing in the kitchen making blueberry pancakes when the victim asked Brian what his problem was with his mom. Brian placed a cup in the microwave to make some coffee, then went to the cupboard to get another cup. She told him he couldn't use that cup when the complainant said that Brian became upset.
The victim asked Brian, "What issues do you have with her." The victim told Brian he was "Trying to extort her for $30,000, has been abusing her, you stole her tablet and iPhone, tried to manipulate her into giving the house to you, and it's got to stop."
Brian told the victim well, if that's the case, let's just take it outside. Brian was standing in the kitchen next to a set of knives. Brian grabbed a knife and said, "Let's go."
Brian started waving the knife around, telling the victim, "I'm going to slice and dice you. I'm not leaving here, and I'm going to kill you both." The complainant was able to get out of the kitchen and call 911.
When the complainant walked back into the kitchen, she witnessed the victim had blood all over his hand. The complainant feared for her life and believed she would get injured without the victim protecting her from fighting for her life.
Deputy Ogle met with the victim at the Uintah Basin Health Emergency Center, where he was being treated for his wounds during the altercation with Brian. Ogle saw a large puncture wound in the middle of his right hand. The victim's Flexor tendon to his middle finger had been severed and needed surgery.
The victim described the knife as a kitchen knife in the complainant's knife block beside the kitchen sink. The victim was standing in the hallway next to his bedroom door when Brian approached him and got into his face with the knife because he told him he was calling the police. Brian said he wanted to hear the victim's words to the police.
Brian walked back over to the sink next to the complainant with the knife in one hand and lunged toward the victim with the knife, trying to intimidate him. Brian began to approach the victim again, and the victim met Brian halfway when he got stabbed in the hand.
Brian began throwing everything on the kitchen table at the victim while he used the complainant as a human shield. The victim put Brian in a headlock to keep him from hurting the complainant and to allow her to escape.
Brian took a pot off the stove, hitting the victim in the head with it, then Brian grabbed a coffee pot and hit the victim in the head with it, causing it to break. The victim got hit in the head with a stool, so he grabbed a piece of glass from the coffee pot and stabbed Brian in the shoulder. The victim stated it was either that or he would kill me.
The victim noticed his hand was bleeding, so he went into the bathroom, grabbed a towel, and placed it over his hand. The victim sat on his bed when Brian barged back in, threatened to kill him, and said, "It's not over."
Brian Paul Fitzwater was transported to Ashley Regional Medical Center (ARMC), where he received medical attention for his injuries. Once cleared, he was transported to Uintah County Jail and booked in for the following charges:
Aggravated Assault with a deadly weapon resulting in serious bodily injury 76-5-103(2) a 2nd-degree felony for approaching and stabbing the male victim in the right hand with a knife, causing serious bodily injury. He also hit the victim over the head with a pan, coffee pot, and kitchen stool.
Attempted Aggravated Assault (DV) 76-5-103, a class A misdemeanor for threatening the complainant, with whom he was previously a cohabitant, in a domestic relationship, and still resides on the same property that he was going to kill them both while wielding a knife in close proximity.
Threat of Violence (DV) 76-5-107, a class B misdemeanor for threatening to slice and dice and kill both the complainant and the victim while wielding a knife in close proximity. Threat of Violence 76-5-107, a class B misdemeanor for threatening to slice and dice and kill the victim while wielding a knife.