JEFFERSON COUNTY, Colo. — The family of a man who was killed at a Tesla charging station in Edgewater said they believe his race played a role in the defendant's acquittal.
Jeremy Smith, 40, was ordered released from custody on Wednesday after the jury found him not guilty of the two felony counts brought against him — second-degree murder and reckless manslaughter — in connection with the shooting. He pleaded not guilty to both charges on Sept. 23, 2024.
Jurors reached their verdict less than a day after deliberations began in the six-day trial, which saw the defense argue that Smith was acting in self-defense at the time of the deadly shooting. The defense said 33-year-old Adam Michael Fresquez, who was identified as the victim in the shooting, was the more aggressive driver — and brought in a witness who testified as such — who escalated the situation and was trying to pick a fight with Smith.
The prosecution argued this, showing a video of the two men as they engaged in a road rage incident before pulling into the Edgewater Public Market. Prosecutors said both men were equally responsible for the road rage.
But defense attorneys claimed Fresquez was the one who "pulled out a gun and pointed it directly at Smith's face" before putting it back in his waistband, which led Smith to fear for his life. Prosecutors argued that no witnesses saw Fresquez's gun. After the shooting, authorities found a 9mm handgun in his possession.
“In that moment that Mr. Smith shot Adam, Adam did not pose an imminent threat," prosecutors said during closing arguments. "... (Smith's) conduct was not legally authorized by self-defense.”
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Edgewater Tesla charging station shooting trial: Closing arguments wrap up
The prosecution argued that Fresquez had been shot in the back. The defense said an autopsy showed he was not shot straight on, as the gunshots are diagonal on his body. They say this proves Fresquez started to turn away from Smith at the last second. They also added that Fresquez had drugs in his system and was high, and likely more aggressive.
“Jeremy Smith did not have to wait until it was too late," the defense said. "He did what the law protects both him and everyone else in that circumstance, and he defended his life. Jeremy Smith is innocent of both of the crimes the state has brought against him.”
In the end, the jury acquitted Smith of both charges against him.
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Edgewater Tesla charging station shooting suspect acquitted of murder
Juan Mendez, Fresquez's father, told Denver7 after the verdict that he was having trouble believing it was true. Fresquez's mother Lena Fresquez-Mendez told us that "devastation" is an understatement for what she's feeling.
Denver7 was not able to interview Smith or his loved ones.
"Because if there's a word that describes something even worse, like something coming in and grabbing you and pulling everything out — that's how I felt," Fresquez-Mendez said.
Advocates who have supported the family since the day of the shooting are staying close by.
Casey Childers with Denver Justice Project said Smith wasn't arrested until seven months later, which was distressing for Fresquez's family.
"So we knew from the very beginning that the trial was going to be difficult," Childers said.
Fresquez's family said the prosecutors made good arguments in court, but they believe race played a role in the verdict because Fresquez is Latino.
"And I never thought I would have to say that because I've never — until this has happened to us — we've never had to deal with anything like this," Fresquez-Mendez said.
Alexander Landau with Denver Alliance for Street Health Response said this is what Black and brown people deal with "on a regular basis when going through the criminal legal system."
Now that the trial has ended, Fresquez's mother said they are focusing on healing and mourning.
"Even though the verdicts came back the way they did, it is never a waste of time to fight for justice," Landau added.
While Denver7 was not able to speak with Smith after the verdict, we did talk with his mother Gail Sudduth in 2023. She said she believed her son's actions were justified because he felt like his life was in danger.
"His life was threatened and he did what he had to do. I love my son, he’s a good kid. He’s working very hard to support his family," Sudduth said at the time.
The First Judicial District Attorney's Office on Wednesday issued a statement, saying “From the beginning, we believed in this case and were compelled to present the evidence that contradicted the defendant’s self-defense claim. The complexities surrounding self-defense claims are often best addressed by a jury, as it allows the community to uphold justice while evaluating individual actions against shared societal expectations. We thank the jury for their service throughout this important case."
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