JEFFERSON COUNTY, Colo. — The destiny of the person accused of taking pictures and killing Adam Fresquez, 33, at a Tesla charging station in Edgewater in Could 2023 is now within the fingers of the jury.
Jeremy Smith, 40, was charged with second-degree homicide, a Class 2 felony, and reckless manslaughter, a Class 4 felony, in reference to the taking pictures. He pleaded not responsible to each prices on Sept. 23, 2024.
Denver7 started overlaying this case on the morning of Could 3, 2023, when officers with the Edgewater Police Division responded to a Tesla charging station outdoors the Edgewater Public Market after listening to a couple of taking pictures. A 33-year-old man with gunshot wounds was dropped at the hospital, the place he died. He had additionally been maced. He was later recognized as Adam Michael Fresquez of Denver.
Crime
Opening statements held in trial of man accused in charging station taking pictures
The prosecution and Smith’s protection staff delivered closing arguments on Tuesday.
One of many greatest questions on this case is whether or not Smith acted in self-defense when he maced and shot Fresquez within the again twice.
Witnesses testified that each males had been driving aggressively and escalating the state of affairs earlier than pulling into the Tesla charging station. Movies confirmed each males rushing down the street close to W. Colfax Avenue and Sheridan Boulevard earlier than arriving on the Edgewater Public Market.
Fresquez was discovered to have a 9mm handgun on the time of the taking pictures. Nevertheless, prosecutors stated the firearm was present in Fresquez’s waistband after he was shot and killed, and stated this implies he by no means pulled it out in the course of the altercation.
Prosecution, protection ship closing arguments in lethal Tesla charging station taking pictures trial
Throughout their closing arguments, prosecutors stated a witness had testified that each males had been driving recklessly and fascinating in street rage. Prosecutors stated the boys pulled into the general public market car parking zone and went to the Tesla charging station.
They argued that no witnesses noticed Fresquez with a gun, although Smith had testified that Fresquez had pointed his gun at Smith. The prosecution stated video proof doesn’t help the sufferer pointing a gun at Smith.
Simply previous to the taking pictures, Smith maced Fresquez, which “neutralized” the risk with a lesser diploma of pressure, prosecutors stated. They stated Fresquez then turned away from Smith, and Smith “recklessly” fired twice at his again.
“In that second that Mr. Smith shot Adam, Adam didn’t pose an imminent risk,” prosecutors stated. “… (Smith’s) conduct was not legally approved by self-defense.”
Smith’s protection, nonetheless, argued that Fresquez had pointed his gun instantly at Smith once they pulled into the car parking zone.
“He felt faint, his imaginative and prescient went white and over the following 45 seconds, Jeremy Smith had to determine how he was going to outlive,” the protection stated.
They argued that Fresquez darted to the again of the automobile and reached within the path of his waistband, the place his gun was. The protection stated Fresquez needed to maintain holding up his pants, which signifies he had not gone about his day with the gun within the waistband and fairly he had just lately put it there.
“What’s Mr. Smith to assume when he sees Adam Fresquez standing outdoors of his window and making that gun prepared to fireplace? He has to consider that Adam Fresquez is able to use it — to make use of it towards him, to kill him,” the protection stated. “And we all know that’s what occurred as a result of that’s the solely cheap clarification that has been put ahead to you primarily based on the proof on this case.”
They stated Smith solely had seconds to react in an effort to shield his personal life.
Native
Trial begins after 2023 deadly taking pictures at Edgewater Tesla charging station
The protection stated the post-mortem for Fresquez reveals that he was not shot straight on, because the gunshots are diagonal on his physique. They are saying this proves Fresquez began to show away on the final second.
“Jeremy Smith didn’t have to attend till it was too late,” the protection stated. “He did what the legislation protects each him and everybody else in that circumstance, and he defended his life. Jeremy Smith is harmless of each of the crimes the state has introduced towards him.”
The staff additionally introduced up the medication present in Fresquez’s system and in his possession on the time of his demise, noting that he was excessive and sure extra aggressive.
Fresquez’s mom, Lena Fresquez Menendez, stated she hopes this week-long trial will carry her household one step nearer to justice.
“I’ve to advocate for my son, and in advocating for my son, I consider each tales want to come back out, and that is why I’ve all the time requested for a good investigation,” she stated.
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