Help Matthew Stewart

Ogden Police Mistakes Continue

helpmatthewstewart.org — Tue, 01 Jan 2013 19:15:54 +0000

The mistakes made by officers at Matthew’s home are all too common with the Ogden Police. Failing to properly announce themselves, wear identifying clothing, or perform reasonable research before taking action creates an unsafe situation for everyone involved.

In the early hours of Dec. 20, Ogden Police surrounded the home of Eric Hill’s family with guns drawn and arrested Eric Hill before realizing he wasn’t the suspect they were looking for. The mistakes don’t end there.

The Ogden Police failed to properly announce and identify themselves. Startled awake by his terrified daughter, Eric armed himself and prepared to confront the noises heard outside by his daughter. Eric then heard banging at the door to his home but no announcement of who was outside. “I’m asking who it is and I’m not getting any response and I’m asking louder and finally I hear ‘Ogden Police’” Eric said. “At that point, I didn’t believe it, it took them so long to respond to me.”

Making matters worse, the Ogden Police officers were not wearing easily identifiable markings. Hill said the men were dressed in black and had no police identifiers that he could see. What he did see were the three assault rifles and two tactical shotguns aimed at him when he opened the door.

Eric’s wife prepared to dial 911, but was met in the stairwell by a man holding an assault rifle. “I thought we were getting robbed,” she said. “I had no idea who the person on the stairs was.”

As they began to realize their mistakes, the officers commented about Eric coming to the door with a bat. Eric said they told him the situation could have ended much worse if he’d answered the door with a gun and one officer said that had it been a gun, the officers would have “blown him away”.

These same failures by the Ogden Police are responsible for the tragic events at Matthew’s home almost a year ago.

Matthew Stewart is being charged with aggravated homicide for defending himself and his home.

Please help support finding justice for Matthew Stewart. Please donate.

Defense Seeks Acquittal

helpmatthewstewart.org — Wed, 07 Nov 2012 23:50:25 +0000

During his arraignment today, Matthew reaffirmed his actions were in self-defense on that tragic night by entering not-guilty pleas on all counts.

Matthew’s defense team is still waiting on ballistics reports for all police officer shell casings which were conveniently unavailable in advance of the preliminary hearing. Despite objections from the prosecution, the judge granted a defense request to postpone the Scheduling Hearing until Feb 13, 2013 to allow time for those reports to be delivered.

On January 4th 2012, Matthew David Stewart was startled awake by loud noise and breaking glass. As a legally armed citizen, and in fear for his life, Matthew acted in self-defense by firing his weapon at the would-be assailants.

Matthew is being charged with aggravated murder.

Seeking justice is an expensive process.

Please click here to donate to Matthew’s defense.

Matthew’s Case Continues to Jury Trial

helpmatthewstewart.org — Sat, 03 Nov 2012 11:39:37 +0000

The third and final day brought in testimony from the informant Stacy Wilson and a few CSI and a ballistic witnesses. The thing that I need to remind myself and others is that in a preliminary hearing the prosecution has to bring forth evidence that incriminates the defendant Matthew to see if there is enough probable cause that a jury could possibly find him guilty on any/all the charges against him. There seems to be a feeling in the press that the prosecution won something… nobody won anything!

In a preliminary no one questions the validity of the evidence, or the credibility of any witnesses. It is also not a time for the defense to reveal much, if any, of their strategy or knowledge of the case.

In the prosecution’s closing arguments they accused Matthew of ambushing the officers while fully knowing who they are. Randy, Matthew’s attorney, responded. “The officer’s talk about only hearing certain things or tunnel vision, why can’t Matthew experience the same things?”. A good point.

“How can a man ambush anyone butt naked in a bath robe???” Matthew was only wearing a bath robe during this entire encounter which only solidifies his claim. He had gotten woken up, he couldn’t discern what anyone was yelling, thought his home was being invaded and he feared for his life and responded.

In the end Matthew did get bound over and the case will proceed to a jury trial, as expected.

Please do not lose hope or faith in Matthew’s fight for justice and thank you for your continued support! Please donate here.

A Victim of Police Violence???

helpmatthewstewart.org — Fri, 02 Nov 2012 13:29:22 +0000

I was asked yesterday why it is that we have made such a strong statement. At the time I could not reveal certain reasons why I knew he was, so in response my answer was simply to ask if Matthew had a criminal history? No. Had he harmed anyone other than himself before that horrible night? No Did WMNSF come to him and his home? Yes.

Through out the course of this we have had a chance to hear from all the officers that were there for the initial breech into Matthew’s home, all for the most part testifying to the same thing. They announced “allegedly” and knocked loudly “allegedly” and took 3-4 times with the ram to batter down his door. The prosecution has made it an appoint to ask officers what were they wearing? A sweater vest with a small police badge embroidered on the pocket, some were wearing vests. What concerns me is that they all testify to either never seeing a face or only a silhouette of a man. No one actually saw Matthew!

A transcript of Matthew’s first statement the day after while in the hospital states that Matthew did not know who was in his home, he’d just woken up to get ready for work and heard glass breaking, he did not understand announcements he just heard yelling and just knew he was being invaded and his life was in danger. He specifically says he didn’t want to stick his head around the corner because he thought who ever was there had automatic weapons and he wasn’t going to place his head in the line of fire. Let me say again…he did not know who he was protecting himself against.

The court also got a chance to hear from an Officer Tyler Crouch. An Ogden City patrolman that had responded to the scene. Upon arriving he describes how he positioned himself in a neighbors back yard, takes out a porch light so as not reveal his position and observes Matthew trying to escape through a window. The officer then makes his way into Matthew’s yard looking for Matthew who has made his way to the small aluminum shed in his back yard.

Additional officers arrive and surround the shed at which time many shots are fired consecutively into the shed all at once. Upon being asked, Officer Crouch admitted to not announcing he was police, did not ask Matthew to drop his weapon, was not aware of anyone else in the shed aside from Matthew and did not pause at all in between shots fired to further assess the situation.

This to me is Police violence, a failure to follow protocol and an abuse of power. This is what I mean when we state that Matthew is a victim of police violence. I know this is a very emotionally charged case, and feelings run deep. The system and the tactics are what we are looking to change…they are dangerous, you can NOT argue that!!!!!!

We have one more day of preliminary, please check back as we will have other posts. Again thank you all for your continued support and concern. Much love to you all.

Officers’ failure to prepare made a violent situation even more dangerous

helpmatthewstewart.org — Thu, 01 Nov 2012 18:41:36 +0000

Yesterday we told you that police testimony has already revealed everything you need to know to conclude Matthew acted in self-defense. This morning’s testimony revealed everything you need to know to conclude the police were wholly unprepared to invade Matthew’s home, making the situation even more dangerous and unpredictable than it might otherwise have been.

Sgt. Jason VanderWarf testified that officers knocked on Matthew’s door on three occasions but never talked to anyone. A few times they drove by the house without stopping. They also did a criminal background check on Matthew and a query into the driver’s license database and found nothing. They did not look into property records, work records, or even professional license records. They could have easy determined Matthew’s work schedule and confronted him peacefully.

Each of the agents that were in Matthew’s home testified to roughly how many home-invasion style raids they have conducted. The answer has ranged from “more than 100” to “10 to 20” in the last few months. If Matthew’s case is representative of how the Weber Morgan Narcotics Strike Force conducts itself that is hundreds of victims and instances of violence that the police themselves created.

Please help Matthew and donate to his defense.

Day one preliminary summary!

helpmatthewstewart.org — Thu, 01 Nov 2012 01:27:18 +0000

Police testimony today provided everything you need to know to conclude that Matthew is a victim of police violence and narrowly survived being killed by police.

Matthew Stewart Preliminary Hearing - Day 1 --Photo by Al Hartmann (Pool Photo)

Agent Derick Draper of the Weber-Morgan Narcotics Strike Force testified today that after he and 8 to 10 other agents beat down Matthew’s door, he proceeded to walk directly behind Agent Grogran down a short, narrow hallway in Matt’s house. No shots from anyone had yet been fired, according to testimony, and cops weren’t even sure if anyone was in the house at this point.

We know in our hearts–and we think that you know also–that had Matthew come to that doorway of that bedroom–even unarmed–that he would have been shot dead in an instant, just like Todd Blair. Todd Blair was shot dead by the same Weber Morgan Narcotics Strike Force agents.

The officers’ testimony continues that Draper and Grogan proceeded to walk down Matthew’s hallway–toward where Matthew had been sleeping just moments before. Having just been startled awake by a break-in, Matthew thought the worst.

Police officer Draper testified that he never saw a person’s face poke out from that doorway, only the muzzle of a gun. He indicated that Matthew wasn’t even aiming his weapon. Based on Matthew’s military training, that is a defensive maneuver used in preventing your assailant from poking out from cover and shooting at you. It is not necessarily an attempt to injure or kill the enemy since you don’t have the target in sight. Draper testified that he fired back at the muzzle of the gun multiple times but never saw a person or a face. He went on record saying he wished he had shot Matthew.

Blindly shooting around a corner at armed assailants who just broke into your home is self-defense.

Today has brought us great hope. Even in the officers’ own words, it’s clear that Matthew’s conduct was in self defense. We’re anxious to see if the system recognizes what is obvious to us–and all of you.

Check back at http://www.helpmatthewstewart.org the next two days for more updates.

As always, this defense needs resources to succeed. Legal resources are very expensive. Please help future generations–and especially Matthew himself–by defending our civil rights and standing with Matthew David Stewart. Please donate.

A Statement from Matthew’s family

helpmatthewstewart.org — Wed, 31 Oct 2012 01:33:04 +0000

We’re cautiously hopeful—and yet terribly anxious—about Matthew’s preliminary hearing, so please excuse us for communicating only in writing as we start the day. We’re devastated by Matthew being made a scapegoat for violent mistakes and procedures of the police. This trial will be very difficult for us.

Matthew is suffering tremendously, being treated as a guilty convict for 10 months before his trial has even reached the preliminary hearing. He’s being kept in a 5-feet by 9-feet cell for 23 hours per day. These are the conditions usually reserved for highly dangerous criminals, but for most of Matthew’s time in jail, he has struggled just to survive the nearly mortal wounds inflicted upon him by the Weber Morgan Narcotics Strike Force.

Matthew’s case demonstrates the startling erosion of Americans’ civil liberties. We are now a nation where paramilitary police violently invade Americans’ homes for non-violent and victimless crimes. One in one hundred Americans are in prison, more than in any other country, and many are completely innocent victims of the War on Drugs. As our civil rights crumble around us, we call on all people to organize in their communities against police violence.

Matthew’s preliminary hearing is not primarily about Matthew, not really. This hearing—and his entire trial—is a sad opportunity for this community and this nation to put on trial the crimes of the police state and the War on Drugs. It’s an opportunity for a brutal accounting of how many lives are lost every year in pursuit of this heartless prohibition policy. It’s a sad moment to look at just how much this war has wasted, how many lives it has destroyed and what we the people have to do to change course.

We ask that all good people visit HelpMatthewStewart.org and have Matthew in their hearts this week and for the entirety of his trial. Matthew is a a victim of the drug war, a survivor of police violence, a police scapegoat and political prisoner. We must support him and all political prisoners—or all our civil liberties will be lost.

-The Family and Supporters of Matthew David Stewart, October 30, 2012

The Long Awaited Preliminary!

helpmatthewstewart.org — Sun, 28 Oct 2012 13:39:48 +0000

Matthew David Stewart’s October 31^st preliminary date is fast approaching, with so many questions left unanswered, many hope that at least some of them will be addressed during the three day hearing. The past ten months have been frustrating for many as Matthew continues to be held and treated as if he’s already been sentenced.

I’d like to take this time to reflect on some of the great things that we’ve seen. First of all the amount of people willing to come forward and show their love and support has been overwhelming. Many have sent great words of encouragement and offered up any support they can muster, whether it be time dedicated to Keep the Peace efforts, financial aid to Matthew’s defense team, or just an ear and a shoulder. No one has gone unnoticed and every effort and gesture has been greatly appreciated.

I’d also like to take note of Matthew’s amazing journey to health. Matthew sustained multiple injuries on the night of January 4^th one of which left Matthew with intestinal problems and a colostomy. He found himself experiencing complications stemming from the colostomy on a few occasions which in turn led to emergency surgeries. After the third surgery it was decided to try and reverse the colostomy in hopes that enough time had passed that plenty of healing had occurred. It was something that would only be attempted once….thankfully the surgery was successful and Matthew’s quality of life has greatly improved! He now looks for means to stay fit while in the confines of his small cell and asks for different ideas and exercises that may be performed in small spaces.

There have also been events dedicated to raising funds for Matthew’s defense team and to raise awareness to the dangers related to home invasion style raids. As time goes on we are determined to continue our efforts in both areas and we will keep the public informed so that those who wish to do so can attend.

Throughout the preliminary we will post updates on the proceedings and events at the end of the day so please check back to stay informed of all things Matthew. Again, thank you for the continued support, prayers, thoughts and concern.

Matthew thought he was being robbed and his life threatened

helpmatthewstewart.org — Sun, 29 Jul 2012 17:57:09 +0000

Matthew Stewart did an interview with the Salt Lake Tribune on February 3rd 2012 at the Weber County Jail. Matthew never heard officers identify themselves or announce they were at his home to serve a search warrant on January 4th 2012. Matthew said his alarm clock woke him and then he heard the sound of glass breaking inside his home.

“Some parts I remember vividly,” Matthew said. “Other parts it was like I was running on instinct.”

He also “had no idea” that he was under investigation for anything. He was sleeping at the time the strike force arrived between 8 and 8:30pm.

“When you’re convinced that you are getting robbed and most likely killed by a group of armed men, your instincts kick in.” Matthew said.

When asked about the late Jared Francom and the injured officers, Matthew said, “I’m totally devastated that anybody had to suffer over any of this. This never should have happened.”

“I’ve always been a big fan of the truth. It’s tough for me to stay silent on some issues.”, Matthew said.

The complete Salt Lake Tribune article can be found here.

Fundraiser to Support Defense Fund

helpmatthewstewart.org — Tue, 05 Jun 2012 21:33:37 +0000

Yard Sale Fundraiser
3135 Harrison Blvd
Ogden, UT 84403

Saturday June 16th – Starting a 7:30 am

We will be raising funds for Matthew’s defense team.

We welcome anyone who would like to donate items to come early (7am) and help set up. Please come say “Hi” and show your support!