OGDEN, Utah (ABC 4 News) - A judge ruled on Friday that Matthew David Stewart will stand trial for the hooting death of Ogden officer Jared Francom, who was killed during a January shootout.
Stewart is accused of firing several shot at Francom and other members of a drug task force that was attempting to serve a drug warrant at his home the night of January 4.
During a hearing that began on Wednesday, forensic investigators, police officers and relative testified about the night Francome died and 5 other officers were wounded.
The evidence offered by prosecutors this week was enough to convince a judge that a jury should see all this.
It was a gun battle last January between police and a homeowner, Matthew David Stewart.
"This was an ambush, that's what it was," says prosecutor Gary Shaw. "It was an ambush."
Officer Jared Francom who ranoutof ammunition during the gun battle was shot seven times. He died later that night.
Five other officers were wounded during the execution of a search warrant.
In all, prosecutors claim Stewart fired 26 rounds at officers with 17 striking their targets.
"Matthew Stewart didn't know these were officers,' said his attorney during closing arguments. "He thought they were breaking into his home and he thought they were trying to kill him."
The judge's ruling didn't surprise Stewart's family.
"I have one thing to say and i think we got what we wanted out of this," says Emma Stewart.
Jared Francom's widow rushed by reporters after the ruling without making a comment. But prosecutors say today was their day.
"We're glad we got the evidence brought out," says Weber County District Attorney Dee Smith. "There has been a lot of accusations made by their family and we have bit out tongue but i'm glad we're finally there now."
Stewart will be arrained next Wednesday. Smith says there is no talk of a plea bargain but they plan on going after the death penalty if they get a conviction.