This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Matthew David Stewart — charged with capital murder and multiple counts of attempted murder in connection with a deadly shootout with Ogden police — has filed court documents indicating he cannot afford to hire an attorney.
Stewart, 37, indicates in an affidavit of indigency filed Monday in Ogden's 2nd District Court that he has no assets other than his home.
Stewart adds that the home "has no equity," and that he expects to "lose [the home] because I am unable to pay the mortgage," according to the affidavit.
He says he has "some limited resources" to temporarily pay for an attorney, but he cannot afford to pay for expert witnesses or for any necessary investigation.
Weber County Attorney Dee Smith said he plans to seek the death penalty in the case.
There are no court dates scheduled for the defendant, who remains hospitalized with injuries that are not life-threatening.
Stewart was charged Jan. 13 for his alleged actions on Jan. 4, when members of the Weber Morgan Narcotics Strike Force served a search warrant at Stewart's home, at 3268 Jackson Ave., to find a marijuana grow.
According to court documents, Stewart shot at members of the strike force with a Beretta 9 mm handgun. He concealed himself in his home and began shooting officers at a close range as they searched the residence, according to the documents.
Ogden police Officer Jared Francom, 30, was hit six times and died of his injuries. Five other officers were wounded.
Officer Kasey Burrell, who was struck "at least twice," according to the affidavit, is the only officer who remains hospitalized. He was listed in fair condition Monday.
Ogden police Officer Shawn Grogan, 37, was shot in the face. Weber County Sheriff's Sgt. Nate Hutchinson was shot "several times," the affidavit states. A bullet struck Roy Officer James VanderWarf, 37, in the right hip.
Ogden police Officer Michael Rounkles, 29, who was not on the strike force, was shot twice when he ran into the house to help the other officers, according to the affidavit.
As police were evacuating the house, Stewart "advanced on the officers" while continuing to fire.
Police returned fire. Stewart then left through a bedroom window and went into a small storage shed, from where he fired at another Ogden police officer, the affidavit states.
Police have said they had no indication Stewart would be violent, and so they obtained a "knock and announce" search warrant rather than a warrant allowing them to enter the house without warning. The affidavit states that the officers announced themselves when arriving at the home and when entering.
The day after the shootout, a drug task force from Davis County executed the original search warrant and found "multiple marijuana plants, artificial lighting and a water system," the affidavit says.
Stewart is charged with nine counts: aggravated murder, seven counts of attempted murder and one charge of producing a controlled substance.
Stewart's father, Michael Stewart, has questioned police tactics in the raid. He claims officers mishandled their initial investigation into his son's marijuana-growing activities. He says his son, an Army veteran, suffers from depression and anxiety and grew marijuana to self-medicate.
Twitter: @sheena5427