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DA to seek death penalty in fatal Utah shooting

By Paul Foy

Associated Press

Published: Monday, Jan. 9 2012 4:05 p.m. MST

OGDEN — A Utah prosecutor says he'll pursue the death penalty against a man who opened fire on police, leaving one officer dead and five others injured.

Weber County District Attorney Dee Smith said Monday that Matthew David Stewart of Ogden is being investigated on suspicion of aggravated murder, attempted aggravated and marijuana cultivation.

Smith says he believes he has sufficient evidence to file charges but won't do so until doctors clear Stewart for release from the hospital. Stewart was shot by police in the Wednesday night gun fight.

The shooting occurred after police forced entry into Stewart's home.

At a news conference, Smith also said there is no evidence that officers fired upon one another.

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