Federal charges filed against shooting suspect

Federal charges were filed Friday against a South Carolina suspect accused of fatally shooting a New Mexico State Police officer from Logan. If convicted of the more serious charge, the suspect faces up to life in prison or the death penalty.

More details about the killing and the suspect’s capture also were revealed during the news conference and a federal complaint filed by the U.S. Attorney’s Office in Albuquerque.

Jaremy Smith, 33, was federally charged with carjacking resulting in death and discharge of a firearm during and in relation to a crime of violence.

The carjacking change could carry a maximum penalty of life imprisonment or death.

With the firearms offense, Smith could face a mandatory minimum of 10 years in prison. There would be no possibility of parole.

Smith is accused of fatally shooting NMSP officer Justin Hare, 35, on March 15 west of Tucumcari on Interstate 40 after Hare stopped to assist the motorist with a flat tire. According to the complaint, Smith then stole Hare’s police vehicle and later left the officer for dead on a frontage road.

Smith was apprehended two days after in Albuquerque after being shot by Bernalillo County sheriff’s deputies during a foot pursuit. Smith was taken to a hospital and treated for his wounds. Smith made an initial appearance in federal court on Friday, and he faces a detention hearing on March 26.

“We are one community, and the loss of one is a loss to us all,” U.S. Attorney Alexander Uballez stated during an announcement of the charges on Friday. “Never forget that this tragedy was bookended by hope — by strangers doing the right thing for people they’ve never met.

“Thank you to New Mexico State Police, Quay County Sheriff’s Office, the Bernalillo County Sheriff’s Office and all our local partners for their tireless work this week. Your partners in federal law enforcement stand with you today and always.”

“We stand side-by-side with our federal and law enforcement partners to bring the fullest measure of justice to Officer Hare and his family,” New Mexico Attorney General Raul Torrez. “We will commit every resource available to this prosecution and hold Mr. Jaremy Smith accountable for his reprehensible actions.”

Timothy Rose, 10th Judicial District Attorney, said he assigned the state’s case against Smith to the attorney general. Rose said he expected state charges will be filed and prosecuted subsequent to the federal charges.

According to federal court documents, on the morning of March 15, Hare stopped to assist a disabled motorist on I-40 west of Tucumcari. The motorist, later identified as Smith, left the driver’s side of the car and approached the passenger window of Hare’s patrol vehicle.

Hare did not leave the patrol vehicle as he talked to Smith and offered to drive him a ride back to Tucumcari.

After a short discussion, Hare asked Smith to walk to the front of the patrol vehicle. Instead, Smith shot Hare, who slumped to the right in the driver’s seat, according to dashcam footage in Hare’s vehicle.

Smith moved to the driver’s side of the patrol vehicle and shot Hare two more times. Smith then drove away in the police vehicle with Hare still inside.

About five minutes after Hare arrived in front of Smith’s car, the police vehicle’s distress system was activated. In response, backup police units were sent to the area.

Responding officers found Hare’s crashed patrol vehicle near mile marker 304 on the north frontage road of I-40. Hare was found nearby with gunshot wounds to the head and neck. He was transported to Trigg Memorial Hospital in Tucumcari, where he died of his injuries. Two 9 mm shell casings and several bullets were found in the patrol vehicle.

The car that Smith drove was registered to a South Carolina paramedic who had been reported missing and later found dead with a possible gunshot wound to the head. The paramedic’s roommate discovered they were missing a 9 mm handgun. Smith remains a person of interest in the paramedic’s death.

Officers found two cellphones and a first-responder jacket about mile west of the crash site. One of the cellphones belonged to a woman whose identity was known to the FBI because Albuquerque police responded to the domestic violence call on Feb. 27 involving her and Smith. According to police body-cam footage from the domestic call, Smith wore a similar jacket to the one he wore while shooting Hare.

On March 17, Smith went to a gas station in Albuquerque. The clerk checked Smith’s identification card and recognized the distinct spelling of his first name. The clerk contacted law enforcement, and sheriff’s deputies and state police went to the area to investigate.

Officers found Smith, and he tried to flee on foot. Sheriff’s deputies pursued Smith, who reached for his waistband as they approached, according to deputies’ body-cam footage. The deputies fired their guns, striking Smith, who was taken into custody and given medical aid. A 9 mm handgun was recovered near where Smith was apprehended.

Officers later determined Smith had stolen a flatbed truck from the Cuervo area about 13 miles west of the crash site. Officers recovered the truck in Albuquerque and found 9 mm ammunition inside. State police had put out a bulletin about the possible suspect being spotted in the Cuervo area on March 16, the day after the shooting.

The affidavit noted Smith had been arrested 13 times in South Carolina for various offenses, including two felony convictions for armed robbery and taking of a hostage by an inmate.

“I am grateful for all the assistance and support my agency has received from our local and federal law enforcement partners in bringing the man accused of killing Officer Justin Hare to justice,” New Mexico State Police Chief Troy Weisler said. “Our hearts continue to go out to the family and friends of Officer Hare, and we hope that the capture and prosecution of Smith will bring them closer to peace and closure.”

The FBI Albuquerque Field Office and New Mexico State Police investigated the case with assistance from the 10th Judicial District Attorney’s Office in Tucumcari and the Bernalillo County Sheriff’s Office.

Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.