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Matthew Arden Hatfield, Matthew Arden Hatfield
Matthew David Stewart appears in the Second District Court in Ogden Monday, July 30, 2012. Stewart has been charged in the shooting death of Ogden Police Officer Jared Francom during the serving of a drug related search warrant, when five other officers were shot and injured by Stewart.

OGDEN — A preliminary hearing has been scheduled in the case of Matthew David Stewart, 38, the man accused of opening fire on police officers in Ogden, killing one.

Monday a judge set a Halloween start date for the hearing, scheduled over three days in October and November. Stewart is facing a murder charge, seven counts of attempted aggravated murder, and a charge of production of a controlled substance in connection with a Jan. 4 shooting at his Ogden home.

A hearing on the evidence was originally scheduled to begin July 18, but was cancelled after Stewart required surgery. Defense attorneys had also asked that the hearing not be scheduled until they received ballistics reports.

Ogden police officer Jared Francom was killed and five other officers were also shot and injured during a melee at Stewart's Ogden home. The Weber-Morgan Narcotics Strike Force showed up at Stewart's home to serve a search warrant after receiving information that Stewart was growing marijuana. After announcing their presence, they were able to clear the main floor and basement of the home before Stewart allegedly emerged and opened fire, killing Francom and injuring five other officers.

Stewart's family calls the incident a "tragic misunderstanding" and contends that the man believed he was being robbed and didn't hear the officers announce their presence.

Twitter: DNewsCrimeTeam