Utah Medical Marijuana Patient Could Face Death Penalty for Killing Police Officer

[40oz]

He volunteers to sacrifice his life for his country, then his own city threatens his life for trying to deal with the repercussions of his service in a way that adversely affects no one, and now he could be screwed for life for defending his own home against intruders? Everything about this sucks. Legalize it.

Utah Medical Marijuana Patient Could Face Death Penalty for Killing Police Officer

OGDEN, UT — The medical marijuana patient who fired upon a narcotics task force as they raided his home Wednesday night, wounding five police officers and killing one, could face the death penalty when charges against him are formally filed.

Matthew David Stewart, a 37 year old army veteran who suffers from PTSD, and self-medicates with marijuana, was injured in the shootout and remains under police guard at Ogden Regional Medical Center.

Stewart likely faces a charge of aggravated murder, which carries the death penalty, and additional charges of attempted aggravated murder, according to Weber County Attorney Dee W. Smith.

The shooting, which left Ogden Police officer Jared Francom and five other officers wounded, occurred Wednesday night when a dozen narcotics strike force officers attempted to execute a “knock” arrest warrant for a narcotics offense at Stewart’s home. Officers knocked on Stewart’s door and when no one answered entered the house.

Many say that Stewart, a veteran of the United States Army, was simply protecting his home from unknown intruders. Stewart, who worked the overnight shift at a local Walmart, was likely asleep when the police, in full tactical gear, entered his home.

“Why couldn’t they have done a little homework?” asked Michael Stewart, father of the suspect. ”If they had, they’d have known he’d be out at 11 o’clock [in the evening],” leaving the house to go to work. He said his son would have been easy to arrest then.

The elder Stewart said his son suffers from mental problems, possibly due to post-traumatic stress disorder. He said his son had never gone to the Veterans Administration to be diagnosed or seek help, but self-medicates with marijuana.

“He should have gone to get help, but in his eyes, it showed you were weak, and he tried to do it himself,” growing marijuana occasionally to self-medicate. Utah does not have a medical marijuana program.

State court records indicate Matthew Stewart’s only criminal conviction was in 2005 in on a misdemeanor charge of operating a vehicle without insurance. He paid a $350 fine.

[NEODinar]

While this situation is tragic, and I feel that the feds should stay out of states rights issues regarding medical MJ, I think he should not have opened fire on the officers. That's just suicide in most situations.

[40oz]

Yeah its very sad. He probably woke up thinking he was under attack and fired out of instinct.

[NEODinar]

Yeah its very sad. He probably woke up thinking he was under attack and fired out of instinct.

That's what I was thinking, because it mentioned PTSD, I know some people that suffer from it and it's no joke.

[thatoneguy]

Yup. FED meddling in state affairs.

Going after medical patients and providers while big pharmacy pumps out all the ephedrine any meth cook could ever need.

Makes zero sense.

But when has our federal govt ever made total sense?

[HopefulTxn]

As of February this year Utah did not have any laws authorizing any medicinal marijuana use, cultivation or sale...

I am very much a pro-legalization minded person because it offers relief without the side-effects of other medications available for various ailments... But if you do not want to abide by the laws of the state that you are in, then move to a state that offers what you need...

This is not necessarily a case where the federal authorities were even involved... All of the officers injured and even the one that was killed are stated in the OP to have been local law enforcement...

I am all for doing what you can to change the laws, but this appears to be a case of him violating the local laws and their attempt to arrest him for it... Sorry, but I don't feel there is any defense for his actions, if the state legislature has not legalized what he was doing... If they have, then it would obviously be a different story...

[40oz]

As of February this year Utah did not have any laws authorizing any medicinal marijuana use, cultivation or sale...

I am very much a pro-legalization minded person because it offers relief without the side-effects of other medications available for various ailments... But if you do not want to abide by the laws of the state that you are in, then move to a state that offers what you need...

This is not necessarily a case where the federal authorities were even involved... All of the officers injured and even the one that was killed are stated in the OP to have been local law enforcement...

I am all for doing what you can to change the laws, but this appears to be a case of him violating the local laws and their attempt to arrest him for it... Sorry, but I don't feel there is any defense for his actions, if the state legislature has not legalized what he was doing... If they have, then it would obviously be a different story...

Nobody wins in this story. Cannabis should be legal and this shouldn't have happened. Some people want to demonize cannabis, I want to demonize the war on cannabis.

[Danan]

So very sad. I would have to say, if I woke up and heard someone entering my house, the first person in my bedroom gets shot, unless they are someone I know. And everyone I know, would call me first. No ifs ands or buts. I am sure they were yelling as they came in, seems to be a good way of confusing your perp. Knowing his background and I am sure they did, to rush a house with a war vet is not a good idea. There are too many ways to take down a person outside the home, the home is your safety, your haven and your castle. You protect it and what is in it.

[easyrider]

GTFO of Utah come to california if you wanna burn some trees. No one cares really here in cali.

Nobody wins in this story. Cannabis should be legal and this shouldn't have happened. Some people want to demonize cannabis, I want to demonize the war on cannabis.

i support that.

Edited April 12, 2012 by easyrider