Charges brought against killer of Adam Fresquez
Golden, CO – On Tuesday, December 12, First District Attorney Alexis King announced she was filing charges of second-degree murder and manslaughter against Jeremy Alan Smith, 39, for the murder of Adam Michael Fresquez, 33.
Adam Fresquez was killed on May 3 at the Tesla Charging Station in Edgewater, Colorado. The filing came after a seven-month struggle for accountability by Adam Fresquez’s family and the community organizations that have supported them along the way.
Fresquez was maced and fatally shot twice in the back. The assailant remained unidentified to the public until Tuesday when the DA announced her decision to charge Jeremy Alan Smith. An initial investigation by the Edgewater Police Department was fraught with mishandling of evidence. Notably, when Smith turned himself in to EPD after killing Fresquez, he was released without being arrested and claimed “self-defense.” Crucial biological and chemical evidence, like fingerprints and gunshot residue, were never taken.
The family was also originally told that Adam was shot in the front, painting him as the aggressor of the altercation. A new report from the DA’s office was released last week detailing that Adam’s torso and the side of his car were covered in mace and he was shot twice in the back. Clearly EPD is more concerned with covering up the truth than providing accountability to the Fresquez family.
The sentence for the charges of second-degree murder and manslaughter add up to between 18 and 54 years in prison with at five to eight years of mandatory parole. Because of pressure applied by Fresquez family and community organizations like the Denver-Aurora Community Action Committee and Denver Justice Project, DA King took the investigation over from Edgewater PD after it was officially closed.
Consistent organizing achieved this victory for the family of Adam Michael Fresquez.
Jeremy Alan Smith’s first appearance in court
Wednesday morning saw the first court appearance of Jeremy Alan Smith since killing Adam Michael Fresquez over seven months ago. The Fresquez family and community activists gathered in the Jefferson County courtroom while Smith sat in the Jefferson County Jail and connected to the courtroom via Zoom.
When it came down to determining Smith’s bond, the judge allowed Juan Fresquez, Adam’s father, to speak. He asked for a bond of $1 million, which is the standard amount for an individual charged with first-degree murder.
Smith’s mother was allowed to speak, claiming his ties to the community in his two children and the job he had had for the past five months. During her remarks, she commented that her son had been “watching his back” ever since the incident occurred. The judge had to remind Smith’s mother that anything she said in court could and would be used against her son.
Lena Fresquez-Mendez, Adam’s mother, asked the judge not to grant bond at all. “This man has been free for seven months and our family has not been able to mourn,” she said. Bond was eventually set at $300,000 to be paid in full and in cash.
At a press conference held immediately after court, family and activists talked about the judge's decision and the seven-month delay of their day in court. The family was largely “okay with it” but emphasized the fact that Jeremy Alan Smith had been able to go free for over six months without consequences while they have had to struggle to get answers.
When asked about EPD’s investigation, Lena Fresquez-Mendez described the initial interaction with Chief Eric Sonstegard, saying, “A week after my son was killed, Chief Sonstegard had already told me that charges were not going to be filed. You didn’t even do a fair investigation at that point; how did you determine he was going to walk? That’s all we’ve ever asked for, a fair investigation.”
“There’s definitely a double standard here,” said Jonce Palmer of the Denver-Aurora Community Action Committee. “Because if Adam Fresquez had been white, if his last name had not been Fresquez, this court appearance would have happened seven months ago.”