OGDEN -- A judge sealed a fourth search warrant this week in the Matthew David Stewart investigation as Stewart filed papers indicating he'll need public funding for his defense.
Stewart is charged with aggravated murder, which carries the death penalty, in a Jan. 4 shootout with police that left Weber-Morgan Narcotics Strike Force Agent Jared Francom dead.
Stewart is also charged with seven counts of attempted aggravated murder in the wounding of five officers and for putting two other officers in harm's way during the exchange of gunfire at his home.
Stewart continued to fire on wounded officers even as they escaped his home after entering with a knock-and-announce search warrant for a marijuana grow, which was found in his house, according to charging documents.
On Monday, 2nd District Judge Scott Hadley issued a fourth search warrant tied to the ongoing investigation of the shooting.
Hadley on Monday also signed an order resealing the warrant in 20 days, said Nancy Volmer, state courts spokeswoman, and Maureen Magagna, chief clerk administrator in the Ogden courthouse.
Normally, warrants are initially sealed automatically, for purposes of confidentiality, and become public after 20 days unless a judge extends the seal.
Prosecutors have been asking for the extended seal for the warrants in the Stewart case, the officials explained in outlining the warrants listed here:
* Warrant issued Jan. 4 by Judge Ernie Jones, sealed Jan. 6 by Judge Mark DeCaria.
* Warrant issued Jan. 5 by Hadley, sealed Jan. 6 by DeCaria.
* Warrant issued Jan. 5 by DeCaria, sealed Friday by DeCaria.
The judges' signing of the warrants and the seal orders were random, based on availability. No further details were released.
Weber County Attorney Dee Smith declined to comment on the warrants or any other part of the case except for an amended complaint filed Thursday charging Stewart.
The new complaint, Smith said, is meant only to clarify the weapons enhancement filed with the initial charges Jan. 13.
The fact that the enhancement applies to all eight shooting charges needed to be clarified, he said. The enhancement potentially adds up to five years to the possible sentence on each count.
Randy Richards, Stewart's attorney, said he hasn't seen any of the warrants and will likely have to ask a judge to unseal them at some point as part of the discovery motions he has already filed. Those discovery motions ask for all investigation materials produced so far, right down to officers' notebooks.
Richards filed an affidavit of indigency Monday, noting Stewart is essentially out of funding for his legal defense. The defense will require taxpayer assistance, he said.
In the affidavit, Stewart writes: "I have some limited resources to temporarily pay for an attorney; however, I have no resources to pay for expert witnesses or for any necessary investigation.
"I have no assets except my home, which has no equity and which I will lose because I am unable to pay the mortgage."
Richards said the mortgage was current at the home at 3268 Jackson Ave. before the events of Jan. 4.
The Rule 8 fund maintained by the state through premiums paid by various participating counties provides a $100,000 lump sum for capital homicide defenses, Richards said.
Davis and Box Elder counties subscribe to the fund, but Weber does not, he said, meaning he will have to negotiate with Weber officials for funds to supplement his client's defense.
______
Online: Weber County Forum,
Comments