Marion man charged with killing New Mexico state trooper wants another trial delay

Jaremy Smith / Photo: New Mexico State Police

MARION COUNTY, S.C. (WBTW) — Attorneys for a Marion man accused of killing a New Mexico State Police trooper in March have requested another delay in his upcoming federal trial.

Jaremy Smith was set to go on trial Monday for the murder of Justin Hare, who was shot March 15 on Interstate 40 outside Albuquerque. His trial was originally scheduled to begin June 10 but was granted a delay last month.

Smith, 33, was arrested March 17 by Bernalillo County sheriff’s deputies in an Albuquerque neighborhood, who shot him multiple times after a short foot chase. He was indicted by a federal grand jury on April 9, and prosecutors have said they are considering the death penalty if he is convicted.

Smith’s attorneys requested a 60-day stay of the motion, which was filed Wednesday in U.S. District Court in New Mexico.

“Counsel believes this period of time is the minimum period necessary to determine whether the government will seek the death penalty, to continue negotiations with the government, and to prepare for trial, if necessary,” the motion reads.

He pleaded not guilty on April 18 to charges including capital carjacking, causing death by discharge of a firearm during or in relation to a crime of violence, capital kidnapping and interstate transportation of a stolen vehicle.

Smith also faces 17 charges in connection with the death of Pee Dee paramedic Phonesia Machado-Fore, whose body authorities found March 15 outside Lake View in Dillon County.