Prosecutors plan to seek death penalty in Ogden shootout | The Salt Lake Tribune
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(Scott Sommerdorf | The Salt Lake Tribune) Weber County Attorney Dee Smith speaks at a press conference updating the investigation around a Wednesday shoot out that ended with the death of one police officer and the wounding of five others. Monday, January 9, 2012.
Prosecutors plan to seek death penalty in Ogden shootout
Ogden shooting » Prosecutor plans to arrest and charge Matthew David Stewart, 37, with aggravated murder in police officer’s death.
First Published Jan 09 2012 11:20 am • Last Updated Jan 10 2012 10:33 am

Ogden • The Weber County Attorney said Monday he will seek the death penalty for the man suspected of killing one police officer and wounding five others during a gun fight last week, while the suspect’s father leveled accusations against police.

During a news conference, Dee Smith said he expects to arrest and charge 37-year-old Matthew David Stewart — who also was injured in the shootout — with aggravated murder and a number of other serious felonies as soon as he is released from the hospital.

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At a glance

Weber-Morgan Narcotics Strike Force

The 12-officer Weber-Morgan Narcotics Strike Force is a specialized unit whose primary focus is to investigate the use and distribution of illegal narcotics.

In 2011, the strike force served 111 search warrants, seized 34 pounds of methamphetamine, one pound of cocaine, two pounds of heroin, 23 pounds of marijuana and 6,600 marijuana plants, according to Weber County Attorney Dee Smith.

They also seized 124 illegally possessed firearms.

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"We are working on charges, as we speak," Smith said,adding that he did not know how long Stewart would remain hospitalized.

Earlier Monday, Brad Beyersdorf, public information officer for the Bureau of Alcohol, Tobacco, Firearms and Explosives, confirmed that bomb technicians detonated "explosive materials" or components found inside Stewart’s house Saturday. Beyersdorf did not specify what was found but said that "to characterize it as a bomb or device is not accurate at this time."

But Stewart’s father, Michael Stewart, told The Tribune he believes the chemicals found by police were used by his son to grow marijuana, which apparently spurred the Weber-Morgan Narcotics Strike Force to obtain the search warrant they attempted to execute Wednesday night on Stewart’s house at 3268 Jackson Ave. in Ogden.

Michael Stewart claims police "botched" the initial investigation into his son’s marijuana growing activities.

"It’s possible the authorities may have been relying on an informant who broke the law who was trespassing," Michael Stewart said.

He did not specify why he believes that but said he has spoken with his son’s attorney, Randall Richards. Richards did not return messages seeking comment Monday.

Smith also said officers searching Matthew Stewart’s house had found a photo of Stewart dressed "as a terrorist" with "some kind of bomb device."

"It was a recent photo, based on his current beard size," Smith said.

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But Stewart’s father said the photo actually shows his son in a Halloween costume that he wore three or four years ago.

"He was going to the party as Osama bin Laden," the father explained.

Michael Stewart has said that his son — who suffers from depression and anxiety — grew marijuana to self-medicate. The father also has noted that his son worked a graveyard shift at a Walmart warehouse and may have been sleeping when police arrived.

Matthew Stewart — a decorated Army veteran — suffered unspecified injuries during the gun fight that have been characterized as not life-threatening.

Smith said one of the anticipated charges will be for the cultivation of marijuana. Matthew Stewart also is suspected of eight counts of attempted murder, Smith said.

The prosecutor on Monday said he is "confident" friendly fire did not cause any of the officers’ injuries. But he said that a number of police were wounded as they were giving aid to other officers or trying to remove officers from the scene.

Smith said he was prohibited by ethical considerations — and the need to protect the integrity of the investigation — from revealing many details of the shootout.

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