Fitzpatrick was initially charged with willful injury, a class C felony, for his alleged role in an early morning beating on Aug. 28. A class B felony charge of first degree robbery was added Aug. 30.
Kitto, of Ruthven, was found unresponsive in the 500 block of East Third Street and never regained consciousness, according to Spencer Police Chief Mark Lawson.
A Sept. 24 arraignment was scheduled for Fitzpatrick, who has been held in the Clay County Jail since Aug. 29.
Clay County Attorney Mike Houchins explained the parameters of first degree murder.
"There are two separate charges of first degree murder," Houchins said. "One is premeditated murder. The second is what they call felony murder. If you're participating in a burglary and somebody dies, that is called first degree murder. ... When we charge first degree murder, it encompasses both varieties."