NMSP Officer Hare’s suspected murderer has trial delayed
A federal judge has postponed the trial for a Marion, North Carolina, man charged with the murder of a New Mexico State Police officer in March. U.S. District Court Judge James O. Browning granted the defense team’s request to delay the trial of Jaremy Smith by nearly a month, moving the date from June 10 to July 8.
Jaremy Smith, 33, is accused of several charges, including carjacking resulting in death and kidnapping resulting in death, related to the March 15 shooting of Officer Justin Hare on Interstate 40 near Albuquerque. Smith was arrested on March 17 by Bernalillo County sheriff’s deputies in an Albuquerque neighborhood after being shot multiple times during a brief foot chase.
Smith was indicted by a federal grand jury on April 9. Prosecutors have stated they are considering the death penalty if he is convicted. Smith’s attorneys mentioned in court documents that a “mitigation presentation” is planned for early July, which could potentially remove the death penalty from consideration. They argued that preparing for this presentation, along with the criminal trial, is overwhelming.
“There is still a great deal of work to be done, which cannot be accomplished by the current deadlines set by the court,” Smith’s attorneys stated in their motion.
On April 18, Smith pleaded not guilty to charges including carjacking resulting in death, causing death by the discharge of a firearm during a crime of violence, kidnapping resulting in death, and interstate transport of a stolen vehicle.
Last week, Smith’s legal team requested a delay in the trial, citing the “voluminous” evidence, which includes over 7,700 individual items.
Judge Browning, in his June 4 decision, noted, “The court finds that granting the continuance will strike a proper balance between the ends of justice and the best interests of the public.” He also mentioned that the delay was necessary as “defense counsel anticipates plea negotiations with the government will begin shortly.”
In addition to the charges related to Officer Hare’s death, Smith is facing 17 charges in connection with the death of Pee Dee paramedic Phonesia Machado-Fore, whose body was discovered on March 15 outside Lake View in Dillon County, North Carolina.
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