Francom was shot 6 times after running out of bullets

Nov 6 2012 - 4:13pm

Images

Matthew David Stewart enters Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  He is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Matthew David Stewart enters Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  He is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Erna Stewart, sister-in-law, left, Nate Stewart, brother of Matthew David Stewart sit with family members in Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  Matthew Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Mike Stewart, center, father of Matthew David Stewart sit with family members in Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  Matthew Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Matthew David Stewart listens to testimony with his defense team in Judge Noel Hyde's courtroom in Ogden's Second District Court during his preliminary hearing Wednesday October 31 of Matthew David Stewart.    Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Matthew David Stewart enters Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  He is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Matthew David Stewart enters Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  He is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Erna Stewart, sister-in-law, left, Nate Stewart, brother of Matthew David Stewart sit with family members in Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  Matthew Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Mike Stewart, center, father of Matthew David Stewart sit with family members in Judge Noel Hyde's courtroom in Ogden's Second District Court for a preliminary hearing Wednesday October 31.  Matthew Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)
Matthew David Stewart listens to testimony with his defense team in Judge Noel Hyde's courtroom in Ogden's Second District Court during his preliminary hearing Wednesday October 31 of Matthew David Stewart.    Stewart is accused in a January 4, 2012 shootout in Ogden in which a policeman was killed. (Al Hartmann/Pool Photo)

 Click here for an update on the hearing

OGDEN -- The three-day preliminary hearing of Matthew Stewart started Wednesday morning with medical testimony that the officer killed during the Jan. 4 gun battle in Stewart's home was trying to crawl out of the house, or was being carried, when he received the shot that killed him.

Strike Force Agent Jared Francom was one of eight officers involved in the battle that began with an attempt to serve a "knock and announce" warrant on Stewart in his home in the 3200 block of Jackson Avenue in Ogden.

Officers eventually removed 16 marijuana plants from the home. Stewart, who has previously claimed he thought his home was being invaded and did not know the people he was shooting at were police, was also seriously injured in the shootout.

Francom died from his injuries. Five other agents were wounded. Stewart is facing a charge of capitol homicide for Francom's death and seven counts of attempted aggravated for shooting at the other officers.

Stewart's preliminary hearing began with Heward's opening statement describing an aggressive Stewart advancing and firing on officers after he'd already shot them.

Heward said even after a number of the officers were wounded, "the defendant continues to advance on the officers and continues to fire on them."

Deputy State medical examiner Ed Leis testified that Francom was shot seven times.

He said one of the seven shots hit Francom's cell phone and was diverted away.

Francom, he said, had six wounds in his body: To his left chest, his right abdomen, his upper left back which severed his spine, his back right shoulder, his left arm and his upper left thigh.

Leis said the shot to the upper left back was the only wound that was fatal because it severed Francom's spine, entered his lungs and injured a lung.

Leis said the trajectory of the fatal wound indicated Francom was either being dragged from Stewart's home when he was hit or he had been crawling on his hands and knees.

There has been no testimony so far that any of the officers involved in the raid were wearing bullet-proof vests.

Shawn Grogan, the first officer to be wounded, testified Wednesday morning that he was not wearing a vest when he entered the house and walked down an upstairs hallway toward the bedroom, yelling "Police! Search warrant!" when suddenly Stewart's arm came around the doorway from the bedroom and started firing, hitting Grogan in the jaw.

Grogan testified he fell back into the bathroom on the other side of the hall and kept firing until the 14-round magazine in his pistol was empty.

Francom then began firing to pin Stewart inside the bedroom, until Francom ran out of ammunition.

Stewart then shot Francom repeatedly, as well as other officers moving toward the bedroom, until there was a pile of officers just outside, Heward said.

Heward said all the officers' wounds came from Stewart's gun.

Testimony was to continue until 5 p.m. Wednesday.

The Associated Press contributed to this story.

 

From Around the Web

  +