'I almost got murdered that night,' injured officer testifies
Agents describe 'chaos' of January shootout
He pulled up to the home, saw Draper in the driveway and parked his vehicle. He retrieved his shotgun and headed inside.
Once in the kitchen, he said he leaned around to aim his weapon and was immediately shot in the mouth and forearm. He testified that his arm collapsed and he became disoriented, trying to crawl his way out of the house.
Rounkles, Burrell and Vanderwarf all testified that they were wearing bulletproof vests. Burrell and Vanderwarf's vests were marked "Police." Rounkles was in his Ogden police uniform. Hutchinson said he had attempted to put on his vest, but the straps broke, prompting him to go without. He said he was wearing a fleece vest, also marked as a police vest.
Ogden police officer Tyler Crouch testified he responded to the shooting that night and went to the backyard to try and establish a perimeter. He heard a sound like someone using duct tape and looked up to see Stewart trying to exit the home through a back window.
He said he pointed his weapon and its light at Stewart and told him to put his hands up. He said Stewart never responded, but looked at him and then jumped back into the home. Crouch went to move to a better position when he realized Stewart has jumped out the window. He turned his weapon light on again to survey the yard.
"I turn off my light, I'm not sure how much time passes, maybe 10 seconds," Crouch said. "Matthew Stewart very quickly jumps out of the shed and shoots at me. … The very first round he fired let off a really good muzzle flash that I could see who I was dealing with was the same person who jumped out the window."
He fired on the shed and heard "sounds that would indicate (Stewart) is in pain — moaning or groaning."
Training 'kicked in'
The day after the shooting, Robert Carpenter, an investigator with the Weber County Attorney's Office, said he spoke with Stewart in the hospital. He said Stewart waived his Miranda rights and agreed to talk to him.
"I asked Mr. Stewart how he got shot," Carpenter said. "Mr. Stewart said someone was breaking into his house and he thought he needed to defend himself. I asked what he needed to defend himself from. He said a bunch of guys breaking in and he said his training just kicked in."
Stewart said he had been in the military. Carpenter testified that Stewart told him he was just getting up to go to work and was half asleep. He said he just heard yelling, the door breaking and people "tromping through" his home.
"Mr. Stewart said he felt like he was being invaded," Carpenter said. "He said he thought they were trying to kill him. Mr. Stewart stated he tried to defend himself."
Stewart thought the intruders had automatic weapons and he told Carpenter his gun was a 9mm Beretta. He said he pointed the gun around a corner to defend himself and those people in his home "unloaded."
Carpenter said Stewart told him that the people who entered his home "believed that what they were doing was right." When Carpenter asked if Stewart knew who the men were, Stewart said, "Not specifically" and later said, "There were lots of different branches."
"I asked Mr. Stewart, 'Branches of what?'" Carpenter said. "Mr. Stewart stated, 'Branches of government.'"
Stewart later said, "They could have been anybody,'" according to Carpenter.
"Mr. Stewart said he didn't see a uniform and he didn't hear anything specific," Carpenter testified. "I asked Mr. Stewart how many times he pulled the trigger. Mr. Stewart said he didn't know — he lost count."
Defense attorneys questioned whether Carpenter knew Stewart had an attorney, that they had invoked Stewart's privilege against self-incrimination or what medications Stewart had taken. Carpenter said he was not aware of those things.
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