Man's attorney challenges SWAT team search

PROVO — SWAT team members painted a descriptive narrative Friday of a four-hour standoff with an ex-military man while his lawyer argued to suppress evidence gathered during what he called an "illegal search."

Eagle Mountain resident Matthew Paul Graham, 35, a former Utah National Guardsman, stands charged with aggravated kidnapping, a first-degree felony, stemming from a standoff Jan. 31 with Utah County SWAT. Earlier that morning, Graham got into a fight with then-wife Mindy. Police arrived on scene, and Matthew Graham barricaded himself inside the home with a small arsenal of weapons after Mindy Graham fled with the couple's four children, ages 11 to 2.

Matthew Graham later surrendered to police, and the SWAT team secured his house, police said. Officers later removed guns from the home. However, Matthew Graham's defense attorney Lisa Estrada said that evidence shouldn't be admitted at trial because police didn't obtain a warrant, and Matthew Graham never consented to a search.

"The fact is they entered his home illegally," she said after an evidentiary hearing in 4th District Court.

Prosecutor Doug Finch countered, saying Utah County sheriff's members obtained Mindy Graham's verbal and written permission to remove those items from the house.

"There's consent from the family member ... for them to go into the home to search for the guns and other evidence," he said.

Mindy Graham previously testified Matthew Graham became upset that morning because she refused intimacy. After he grabbed a .45 caliber pistol and a .38 caliber pistol, she became fearful and texted a close friend and her LDS bishop, who alerted authorities.

Utah County Sheriff Det. B.J. Eckles testified Friday he arrived at the home and knocked on the door. Matthew Graham opened the door just enough to expose his head, neck and part of his shoulder. Eckles said he and his partner tried to get Graham out of the house, but he refused. Eckles said his "danger level" heightened as Graham became agitated and refused to tell them what he had in his hands.

"It got to the point where I had to take my gun out of the holster," Eckles said.

Eckles and his partner managed to get Mindy Graham to come to the door. He said she was crying hysterically.

They got Mindy and the four children away from the home, Eckles said. At this point, Mindy Graham told officers Matthew Graham was ex-military and had sniper training.

Matthew Graham served a 16-month tour in Iraq as part of the 1457 Combat Battalion with the Utah National Guard, and developed post-traumatic stress disorder. But there is no record he served as a sniper.