JEFFERSON COUNTY, Colo. — The man accused of shooting and killing a 33-year-old at a Tesla charging station in Edgewater in May 2023 was acquitted of the crime by a Jefferson County jury Wednesday.
Jeremy Smith, 40, was ordered released from custody after the jury found him not guilty on 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 trail, which saw the defense argue that Smith was acting in self-defense at the time of the deadly shooting. The defense also claimed that 33-year-old Adam Michael Fresquez, who was identified as the victim in the shooting, was the aggressive driver who escalated the situation and was trying to pick a fight with Smith.
The prosecution, however, showed a video of the two men as they were engaging in the road rage incident before pulling into the Edgewater Public Market. Prosecutors argued that both men were equally responsible for the road rage.
But defense 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.
Lena Fresquez-Mendez, Fresquez's mother, said during opening statements those claims were false and that it was the first time she'd ever heard those claims.
"There's no evidence that Adam's gun was ever pulled out, and there was no witnesses saying that Adam ever said, 'I'm going to kill you,'" she said. "Adam is not here to say his part of it, and Jeremy is. So we have to go by what Jeremy is saying? That's not true. That's not right. And I have to advocate for my son. And in advocating for my son, I believe both stories need to come out. That's why I've always asked for a fair investigation."
Investigation delay causes family frustration
Denver7 began covering this case the morning of May 3, 2023, when officers with the Edgewater Police Department responded to a Tesla charging station outside the Edgewater Public Market after hearing about a shooting.
Fresquez was found at the scene with gunshot wounds and was brought to the hospital, where he later died. He had also been maced, according to investigators.
Edgewater police initially told Denver7 that they believed the altercation between the two men, who were both driving Teslas and were both armed, stemmed from a charging station spot. However, after speaking with witnesses and investigating further, an Edgewater sergeant confirmed they no longer believed that was the case, and that the altercation instead seemed to have started with a road rage incident.
The sergeant said authorities believe the victim walked up to the suspect's vehicle just before the shooting. Fresquez was transported to Denver Health Hospital, where he was pronounced deceased.
Police said Smith, who was 38 at the time, left the scene before he called 911. He was detained about a mile away from the shooting and was later released.
Nearly a month after the shooting, no arrests had been made and no charges were filed.
Family calls for police transparency in investigation
Dozens of people — including Fresquez' family — would then gather outside the First Judicial District Attorney's Office in Jefferson County on May 31, 2023 to protest the delay, and would again come together about a month later, calling for transparency as the Edgewater Police Department said they were still investigating.
In the days following, the First Judicial District Attorney Alexis King asked the Colorado Attorney General's Office to open an investigation into the Edgewater Police Department, alleging a pattern of misconduct within the department between 2016 and 2021.
King said then-Police Chief Eric Sonstegard, who resigned in December 2024, had been fully cooperative but “these events and allegations of misconduct must be addressed with accountability to ensure they do not recur in the future.” Sonstegard told Denver7 the lengthy delay was due to forensic analysis.
By September 2023, Edgewater police investigators said they were wrapping up the investigation, but the family said police had contradicted themselves multiple times when communicating with the victim's loved ones.
Adam's sister, Crystal Fresquez, said police told them he was shot in the chest, but an autopsy obtained by Denver7 showed he died of two gunshot wounds that punctured his back and several organs. It also showed he had fentanyl and cocaine in his system, but Crystal Fresquez stressed that the gunshots killed her brother — not the drugs. The family also called for the police department to release body-camera video that had been captured shortly after Fresquez was shot.
In early December 2023, the Edgewater Police Department told Denver7 that the homicide case had been presented to the First Judicial District Attorney's Office on Sept. 19, 2023. While no charges had been filed against the suspect at the time, new evidence was collected and submitted for forensic testing.
On Dec. 12, 2023, Smith was arrested at his home, and police released new details on what had unraveled at the charging station that day — more than 200 days before the arrest.
Watch Denver7's breaking news coverage of this arrest, seven months after the deadly shooting, in the video player below.
By the end of 2024, nearly a year and a half after the shooting, Fresquez' family accused the defendant's legal team of delaying the case.
During a motions hearing, Smith's defense attorneys argued that there were issues with the way police handled the investigation, alleging that officers' body-worn cameras were either muted or turned off at times. They also brought up concerns that Smith's phone was searched beyond what is legal and the prosecution should not be able to use that evidence in its case.
In a statement after the verdict was reached, the Denver Justice Project, who represented the family in this case, said they "firmly believe that if the roles in this case had been reversed, Adam Fresquez would have been arrested immediately and charged with first-degree murder."
The rest of their statement follows:
Instead, Jeremy Smith was granted an extraordinary level of leniency that is almost never afforded to people of color, people like Adam. This case is yet another example of racial bias in the application of self-defense laws, where white defendants are far more likely to be justified, especially when the victim is a person of color. The system grants them the benefit of the doubt—a clear message about whose lives are valued and whose are not. Adam’s mother asked for a fair investigation and a trial where all facts would be revealed. The facts are clear: Adam was pepper-sprayed at close range in his chest. As he instinctively backed away and turned, feeling the effects of the spray, he was shot twice in the back. Jeremy has told various versions of the story but consistently mentions that Adam was “leaving” or “ducking away” when he shot him twice.
These are not the actions of someone acting in self-defense. We acknowledge the District Attorney’s efforts to hold Jeremy Smith accountable, but the reality remains—there is no justice for Adam, because there was no verdict that could bring him back. His family is left with an unimaginable loss, and a system that by design, allows victims who look like Adam to fall through the cracks. To the community, we extend our deepest gratitude. Thank you for standing with the Fresquez family, for recognizing their humanity, and for refusing to accept this injustice. The family is devastated but we will continue to fight alongside them as they begin the painful process of grieving Adam. May Adam’s legacy as a father, a son, a brother, and a neighbor remind each of us that justice is the only way we can be a beloved community.
Family members told Denver7 Frequez was a family man and father of two who always stayed in touch with his aunts, uncles, cousins and grandparents.
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