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Ogden » Accused Ogden cop killer Matthew David Stewart has been hospitalized since late last week when he underwent "emergency surgery."
Stewart was absent from a scheduled hearing Monday in 2nd District Court.
Defense attorney Randall Richards said Stewart was in an intensive care unit, where he was expected to remain for at least two weeks. Attorneys did not specify why Stewart needed surgery.
With the development, Judge Noel Hyde agreed to indefinitely postpone a July 18 preliminary hearing.
"I don't know that he would be able to sit through a three-day preliminary hearing," Richards said.
Prosecutors said they would not object to a continuance if Stewart were unable to attend the hearing. But prosecutor Gary Heward argued against Richards' other reasons for a continuance — a change in defense team and an incomplete ballistics reports.
"We have a right to a speedy trial — we being the people of Utah," Heward said. "The victims have a right to a speedy trial."
Both sides will be in court again July 18 to discuss Stewart's condition and schedule further hearings.
Outside of court, Richards declined to discuss the specifics of Stewart's injuries or if the surgery was the result of complications from a deadly January gun battle.
Stewart, 38, was shot the night of Jan. 4 after he allegedly opened fire on members of the Weber Morgan Narcotics Strike Force who were serving a search warrant at the defendant's Ogden home.
Ogden police Officer Jared Francom was killed; five other officers were injured. Prosecutors have said Stewart was hiding when the officers entered his home, then emerged and began firing a pistol. Stewart has claimed that he thought a group of men had broken into his home to rob and to murder him.
Stewart is charged with aggravated murder and eight other felony counts relating to the shooting and marijuana cultivation. Prosecutors have said they will seek the death penalty.
During a February interview at the Weber County jail, Stewart told The Tribune he believed two bullets struck him during the shootout, and that one bullet seemed to have struck his right hip and then entered his abdomen.
Stewart said at the time that he couldn't tell which of his bullet wounds were entrances and exits, and he had difficulty getting answers from doctors and nurses.
Doctors had to remove portions of his intestines, and Stewart said he was using a colostomy bag.
Another bullet struck Stewart in his left leg and damaged nerves. Stewart said he couldn't stand in one place long without "blinding pain" in the leg.