MARION COUNTY, S.C. (WBTW) — A federal judge has delayed the trial date for a Marion man facing charges of killing a New Mexico State Police officer in March.
U.S. District Court Judge James O. Browning on Tuesday granted a request by Jaremy Smith’s defense team to push the trial back nearly a month to July 8. It was originally set to start on June 10.
Smith, 33, is facing charges including carjacking resulting in death and kidnapping resulting in death stemming from the March 15 shooting death of Ofc. Justin Hare along Interstate 40 outside of Albuquerque.
Smith was arrested March 17 by Bernalillo County sheriff’s deputies in an Albuquerque neighborhood, who shot him several times following a brief foot pursuit.
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Smith was indicted by a federal grand jury on April 9, and prosecutors said they were considering the death penalty if he’s convicted.
Smith’s attorneys said in court documents a “mitigation presentation” is expected in early July that could take the death penalty off the table. Preparing for that alongside a criminal trial, they say, is too much of a burden.
“There is still a great deal of work to be done, which cannot be accomplished by the current deadlines set by the court,” Smith’s attorneys said in their motion.
He pleaded not guilty April 18 to charges including carjacking resulting in death, causing death by the discharge of a firearm during and in relation to a crime of violence, kidnapping resulting in death and interstate transport of a stolen vehicle.
Smith’s legal team last week also asked a U.S. District Court judge to delay the start of his trial, citing a “voluminous” amount of evidence that includes more than 7,700 individual items.
“The court finds that granting the continuance will strike a proper balance between the ends of justice and the best interests of the public,” Browning wrote in his June 4 decision.
He also said pushing back the trial was necessary because “defense counsel anticipates plea negotiations with the government will begin shortly.”
Smith is also facing 17 charges in the death of Pee Dee paramedic Phonesia Machcado-Fore.
Authorities found her body on March 15 outside of Lake View in Dillon County.
