OGDEN -- Matthew David Stewart, the suspect in Wednesday's fatal shooting of a police officer and the wounding of five others, has hired defense counsel.
Veteran Ogden defense attorney Randy Richards said he met with Stewart at Ogden Regional Medical Center, where Stewart is recovering from his wounds, and Stewart asked him to be his lawyer
Stewart was shot, Richards confirmed, in the exchange of gunfire that led to the death of Weber-Morgan Narcotics Strike Force officer Jared Francom. The officers were serving a drug-related search warrant at Stewart's home.
The circumstances raise a possible legal question in that Stewart is now under guard at his hospital room by Weber County sheriff's deputies.
If he is considered under formal arrest, by law, Stewart would have to be charged with a crime within 72 hours, which would be tonight, or released.
Richards said he isn't pressing the matter and noted weekends aren't included in the 72 hours because courts aren't open and charges can't be filed on a Saturday.
He said he did not know if the 72-hour deadline applied to his client.
"From reading the papers, it definitely sounds like he's in custody of some sort."
Calls to Weber County Attorney Dee Smith were not immediately returned Friday.
Stewart's father, Mike, has been the investigator assigned to Weber County public defenders, including Richards, for at least 15 years.
Richards said Stewart is under contract with Weber County to provide investigative services to the county's roster of public defenders.
Smith and Richards were law partners until Smith was appointed county attorney in May 2009.
Richards did not disagree with Smith's remarks at a Thursday morning news conference where he called the case against Stewart aggravated murder, which can result in the death penalty.
"As his attorney, my heart goes out to the slain officer's family," Richards said. "This is obviously a tragedy that never should have happened.
"I know these guys," he said of Francom and the injured officers. "I've cross-examined half of them. To see one of them die is absolutely horrid."
But, Richards said, "from what I've read in the papers, they caught him (Stewart) by surprise. For someone to say he was trying to kill all the officers, that's a stretch."
He said he hasn't discussed the case with Stewart yet, "but it seems hard to say that it's anything premeditated."
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