Embattled attorney says prosecutors refuse to work with him in Ogden shooting case

OGDEN — A man accused of shooting six police officers, killing one, currently has three attorneys defending him.

But a legal tug of war seems to be emerging between the attorneys, prosecutors and a judge.

Matthew David Stewart's original attorney, who says his client still wants him as his lawyer, claims prosecutors are ignoring him and his requests and are refusing to recognize him as an attorney for Stewart.

Earlier this month, 2nd District Judge Noel Hyde appointed new attorneys for Stewart — William Albright and Ryan Bushell. The two public defenders were both awarded a contract by Weber County to defend Stewart after Stewart filed a motion saying he was indigent, qualifying him to receive attorneys paid by the state.

But defense attorney Randall Richards refused to withdraw from the case. He was hired privately by Stewart's family and this week filed a slew of motions in court on Stewart's behalf.

Stewart, 37, is facing charges of aggravated murder, a capital offense; seven counts of attempted aggravated murder, a first-degree felony; and production of a controlled substance, a second-degree felony. Prosecutors also filed a dangerous weapon penalty enhancement charge and have said they intend to seek the death penalty.

All three attorneys are qualified to represent Stewart as they meet the state-mandated requirements to handle death penalty cases. Richards, however, alleges that prosecutors in the Weber County Attorney's Office are refusing to work with him. In one court motion, he said Stewart has requested that he continue to represent him.

The recommendation to appoint Bushell and Albright came from the civil division of the Weber County Attorney's Office, but deputy county attorney Chris Allred said it was made independent of the prosecutors handling the case.

"We decided to go with (Albright) for out-of-county counsel," he said. "It might be cleaner to go with someone who isn't connected to the defendant's family."

Allred said Richards knew some of the officers involved and was a friend of Stewart's father.

Richards also filed a motion this week asking the judge to implement a restraining order to "prevent destruction of evidence" and compel prosecutors to hand over to him the evidence they've compiled thus far.