On the evening of December 27, 2022, Xavier Jose Bernal, a 20-year-old male from Ogden, Utah, drove to the Redwood apartments in West Valley City with two other individuals. Bernal had arranged to meet someone at the apartment complex for a transaction of an unknown nature. He exited the vehicle and walked out of sight of his companions. When he returned, he had sustained a gunshot wound.
Bernal collapsed in his vehicle as his companions rushed him to a local hospital, where he succumbed to his injuries. The hospital staff alerted the authorities to the shooting, as no one from the apartment complex had reported hearing any shots fired.
West Valley City police detectives began an investigation, processing the crime scene in the parking lot of the Redwood apartments. Digital evidence found at the scene quickly led them to a person of interest. A week after the fatal shooting, police arrested 21-year-old Dylan Gregorio Upshaw in Salt Lake City for his connection to Bernal's death. Upshaw was booked into the Salt Lake County Jail on suspicion of aggravated murder and obstruction of justice, with authorities believing he had plans to flee to Arizona. A witness recording provided to investigators indicated that an altercation occurred during the transaction between Bernal and Upshaw, which resulted in the shooting.
Despite the initial arrest, the Salt Lake County District Attorney's Office declined to file formal charges against Dylan Upshaw. Prosecutors stated that Upshaw claimed he acted in self-defense. The district attorney's office indicated that evidence suggested Bernal may have been attempting to rob Upshaw at the time of the shooting and had brought the gun to the scene. According to their findings, Bernal was shot during a struggle with Upshaw over the firearm. The district attorney's office cited Utah's self-defense law as a factor in their decision, stating it placed a higher burden of proof on the prosecution.
Xavier Bernal was remembered by his family as a selfless and beloved son, grandson, brother, and friend with a contagious laugh and a smile that could light up a room. His loved ones described him as a man of culture who enjoyed traveling, listening to music, and was always looking for ways to build a better future for himself and his family. He was known for seeing the good in people, and his presence could instantly change the mood of those around him. His family held funeral services and fundraisers to cover the costs and to bring his mother from Mexico.
