Federal charges filed against man accused of shooting, killing New Mexico State Police officer
NEW MEXICO (KRQE) – Federal Prosecutors are considering the death penalty in the case against South Carolina man who is accused of killing New Mexico State Police Officer Justin Hare.
Jaremy Smith, 33, of Marion, South Carolina, is charged with carjacking resulting in death and discharging a firearm during and in relation to a crime of violence. The charges were announced on Friday during a press conference held by the United States Attorney’s Office and New Mexico Department of Justice outside the Pete V. Domenici U.S. Courthouse in Albuquerque.
Story continues below
Community: Neighborhood association pushes back on proposed Dunkin’ drive-thru in Barelas
Don’t Miss: New Mexico town named ‘The Happiest Small Town in America’
Smith faces a mandatory minimum of 10 years in federal prison for the firearms offense. The more-serious charge of carjacking resulting in death carries a maximum penalty of life imprisonment or death.
“The death penalty is authorized by the statute carjacking resulting in death,” United States Attorney for the District of New Mexico Alexander M.M. Uballez said at the press conference.
The possibility that Smith could face the death penalty was also mentioned in court. U.S. Magistrate Judge Kirtan Khalsa said that Smith will be appointed learned counsel, meaning that Smith will have at least two attorneys, one of which is knowledgeable about the defense of death penalty cases.
This is the first time Smith made an appearance in court since he was taken into custody and then to the hospital after being shot by deputies during a pursuit in Bernalillo County on Sunday. KRQE News 13 was in the court hearing where Smith appeared dressed in a hospital gown with pants underneath. His left arm was bandaged and was in a sling. He also needed assistance to walk through the courtroom, our crew noted.
The deadly shooting of Officer Hare happened around 5 a.m. on Friday, March 15. Officer Hare was dispatched to help a motorist with a flat tire on I-40 near mile marker 318, west of Tucumcari. Hare parked behind a white BMW, and Smith approached the officer’s passenger side window. The two had a brief conversation about the flat tire before Smith fired at the officer, according to newly unsealed court documents and previous information disclosed by New Mexico State Police.
New Mexico State Police said Smith walked over to the driver’s side and shot Hare again before he got into the officer’s vehicle. Smith then pushed Hare into the passenger seat and drove away in the officer’s patrol car.
Approximately five minutes after Officer Hare arrived at the scene, a duress signal from Hare’s radio was activated. Backup units were sent to the scene, where they found an unoccupied BMW with a flat tire.
Hare’s police vehicle was found crashed on the side of the road near mile marker 304 with no one inside. Officer Hare was found with gunshot wounds to the head and neck. He was then taken to the hospital, where he died from his injuries, court documents state.
Law enforcement conducted a manhunt for Smith on Friday, which ended in Bernalillo County on Sunday.
ABQ man accused of trying to escape hospital through ceiling
New information learned through the court documents revealed that Smith stole a white flatbed truck from Cuervo, New Mexico, on Saturday. Cuervo is approximately 134 miles east of Albuquerque and approximately 13 miles west of the site where Hare’s vehicle was crashed.
When officers recovered the truck, they found several items inside, including white Nike shoes and 9mm ammunition. The location of where the truck was recovered was not mentioned.
Smith was first seen in Bernalillo County on Sunday when a gas station clerk checked Smith’s identification card and recognized his name. Deputies found Smith in the area of Unser and Anderson Hill. During a foot pursuit of Smith, court documents state that Smith reached for his waistband, and BCSO deputies shot him. He taken into custody and to a local hospital to be treated.
“And when the suspect is captured, as it was on Sunday, by BCSO, we have a very small moment of relief and even, I would say, happiness. But that elation and that celebration is very short lived,” Sec. Jason Bowie, with the New Mexico Department of Public Safety said.
Smith’s ties to New Mexico and South Carolina
Smith, who has an extensive criminal history in South Carolina, is also listed as a person of interest in connection to a missing paramedic in South Carolina. The body of 52-year-old Phonesia Machado-Fore was discovered on Friday. The BMW Smith was driving in New Mexico when he got a flat tire was registered to Machado-Fore, according to court documents.
Law enforcement recovered a Taurus 9mm pistol near the area where Smith was taken into custody in Bernalillo County and 9mm shell casings in Officer Hare’s patrol unit. The same type of pistol was reported missing by Machado-Fore’s roommate after her Machado-Fore went missing, the court documents state.
The newly unsealed court documents also show that Smith has ties to the Albuquerque area. On Feb. 27, Albuquerque Police were dispatched to a domestic violence call involving Smith and a woman. The woman’s name was not stated in the court documents, however, the FBI knows who she is. A phone that previously belonged to the woman was also found near the crash site of Officer Hare’s patrol unit.
Investigators are still examining Smith’s criminal history which also extends into Georgia, according to court documents.
Will there be additional charges?
New Mexico Attorney General Raúl Torrez said they are withholding state charges against Smith at this time. “We do that because we believe it is in the best interest of justice,” Torrez announced at Friday’s press conference. “And we do that knowing full well that as soon as his case is addressed in federal court, he will immediately be taken into custody and face murder charges in state court.”
Federal charges have not been filed in South Carolina, Uballez said on Friday.
Smith was officially released from the hospital and taken back into custody on Friday. He is expected back in court for a detention hearing on March 26.
Watch the full conference below:
