OGDEN -- Seeking to establish which blood splatters are those of Matthew David Stewart in his shot-up home, prosecutors have filed a motion seeking the court's permission to take a sample of his saliva.
DNA samples to identify their blood have already been taken from the officers involved in the Jan. 4, 2012, shootout in Stewart's home, officials said.
The exchange of gunfire killed officer Jared Francom and wounded five others. Stewart was also shot as the forced-entry serving of a marijuana search warrant by the Weber Morgan Narcotics Strike Force spun out of control.
Such DNA identifying of blood at a crime scene is routine, said officials who declined to comment in detail except to say having the blood of seven people at one crime scene is not routine.
Stewart faces the death penalty if convicted in Francom's death. He is also charged with seven counts of attempted aggravated murder, accused of shooting at seven other officers.
He is also charged with distribution for the 16 marijuana plants police counted in the home.
"It's expected," Randy Richards, Stewart's lead defense counsel, said of the DNA testing. He would only say the impact on the case is likely minimal.
Richards said testimony at Stewart's preliminary hearing clearly indicated that Stewart was shot while in his bedroom and while in a shed in his backyard.
At the three-day preliminary hearing, the evidence pointed to Stewart firing at the officers first from his bedroom. He was taken into custody more than 20 minutes later after fleeing the home for the backyard shed.
Trial for Stewart has yet to be set, but a status conference is scheduled for Wednesday before 2nd District Judge Noel Hyde.
Last month the defense filed a motion calling the death penalty unconstitutional, with the Weber County Attorney's Office filing a rebuttal by the first of this month.
It's the first of what likely will be numerous constitutional challenges to capital punishment common to every death penalty case.