Matthew Stewart planned to 'go out shooting' if police came, ex-girlfriend testifies

Judge orders him to stand trial for capital murder in officer's death

Published: Friday, Nov. 2 2012 5:49 p.m. MDT

While Ogden police officer Tyler Crouch was the only officer who identified Stewart as the shooter, Hyde said there was a reasonable inference that Stewart was the gunman the police officers described. Among other things, the judge pointed to the ballistics evidence.

Stewart's family has called the entire incident a "tragic misunderstanding" and believes he is being "made a scapegoat for violent mistakes and procedures of the police."

"The outcome is what we expected," sister-in-law Erna Stewart said after the hearing Friday. "We got what we wanted out of it."

Stewart is scheduled to be arraigned Wednesday on 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.

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