OGDEN Utah (ABC 4 News) - Undercover cops thought Matthew David Stewart’s home was empty.
They got a tip that Stewart was growing marijuana in the home.
Police did a background check on Stewart.
In court, Jason Vanderwarf testified: “There was no information on Mr. Stewart that he posed a danger, A marijuana grow,it’s not something that could be easily destroyed or concealed."
But during the second day of Stewart's preliminary hearing he testified that whenever they came to do knock-and-talks at his home no one answered the door. In fact, the members of the Morgan Weber County Strike Force team thought the house was empty and was only used to grow marijuana.
But that night in January, the swat team was met with a hail of bullets when they barged into his home after getting no answer.
It was Kasey Burrell’s job to search the basement of Stewart’s home.
But he headed upstairs when he heard shots.
He remembered seeing Jared Francom who would eventually die, firing at someone in the bedroom.
He testified: “He's on his knees and he's shooting. At one point he turns his head back and shakes it. Then he looks back and fires some more."
And then he testified that Francom ran out of ammo and Burrell told Francom "Get behind me. Stewart comes and shoots me and I don't remember anything after that."
Burrell was shot in the head and abdomen. He says his life was saved when other agents were able to get him out of the killzone.
"I almost got murdered that night,” he says. “If it weren't for these officers, I'm dead."
Stewart faces one count of aggravated murder and several other felonies for wounding five officers. If attorneys wrap up the case Friday, a judge could make a ruling as to whehter there is enough evidence for Stewart to stand trial.