Closing arguments given in trial for fatal shooting at Tesla charging station in Edgewater

The trial of the man accused of the fatal shooting of Adam Fresquez at a Tesla charging station in Edgewater in May 2023 has now reached the jury for deliberation in Jefferson County, Colorado.

Jeremy Smith, aged 40, faces charges of second-degree murder, classified as a Class 2 felony, and reckless manslaughter, classified as a Class 4 felony, in relation to the incident. Smith entered a plea of not guilty to both charges on September 23, 2024.

The coverage of this case by Denver7 commenced on the morning of May 3, 2023, following reports received by the Edgewater Police Department of a shooting at a Tesla charging station near the Edgewater Public Market. The victim, a 33-year-old male named Adam Michael Fresquez from Denver, was transported to the hospital with gunshot wounds and later succumbed to his injuries. It was determined that he had also been attacked with mace.

The prosecution and Smith’s defense team delivered closing arguments on Tuesday.

One of the biggest questions in this case is whether Smith acted in self-defense when he maced and shot Fresquez in the back twice.

Witnesses testified that both men were driving aggressively and escalating the situation before pulling into the Tesla charging station. Videos showed both men speeding down the road near W. Colfax Avenue and Sheridan Boulevard before arriving at the Edgewater Public Market.

Fresquez was found to have a 9mm handgun at the time of the shooting. However, prosecutors said the firearm was found in Fresquez’s waistband after he was shot and killed, and said this means he never pulled it out during the altercation.

Prosecution, defense deliver closing arguments in deadly Tesla charging station shooting trial

During their closing arguments, prosecutors said a witness had testified that both men were driving recklessly and engaging in road rage. Prosecutors said the men pulled into the public market parking lot and went to the Tesla charging station.

They argued that no witnesses saw Fresquez with a gun, though Smith had testified that Fresquez had pointed his gun at Smith. The prosecution said video evidence does not support the victim pointing a gun at Smith.

Just prior to the shooting, Smith maced Fresquez, which “neutralized” the threat with a lesser degree of force, prosecutors said. They said Fresquez then turned away from Smith, and Smith “recklessly” fired twice at his back.

“In that moment that Mr. Smith shot Adam, Adam did not pose an imminent threat,” prosecutors said. “… (Smith’s) conduct was not legally authorized by self-defense.”

Smith’s defense, however, argued that Fresquez had pointed his gun directly at Smith when they pulled into the parking lot.

“He felt faint, his vision went white and over the next 45 seconds, Jeremy Smith had to figure out how he was going to survive,” the defense said.

They argued that Fresquez darted to the back of the car and reached in the direction of his waistband, where his gun was. The defense said Fresquez had to keep holding up his pants, which indicates he had not gone about his day with the gun in the waistband and rather he had recently put it there.

“What is Mr. Smith to think when he sees Adam Fresquez standing outside of his window and making that gun ready to fire? He has to believe that Adam Fresquez is ready to use it — to use it against him, to kill him,” the defense said. “And we know that is what happened because that is the only reasonable explanation that has been put forward to you based on the evidence in this case.”

They said Smith only had seconds to react in order to protect his own life.

The defense said the autopsy for Fresquez shows that he was not shot straight on, as the gunshots are diagonal on his body. They say this proves Fresquez started to turn away at the last second.

“Jeremy Smith did not have to wait until it was too late,” the defense said. “He did what the law protects both him and everyone else in that circumstance, and he defended his life. Jeremy Smith is innocent of both of the crimes the state has brought against him.”

The team also brought up the drugs found in Fresquez’s system and in his possession at the time of his death, noting that he was high and likely more aggressive.

Fresquez’s mother, Lena Fresquez Menendez, said she hopes this week-long trial will bring her family one step closer to justice.

“I have to advocate for my son, and in advocating for my son, I believe both stories need to come out, and that’s why I’ve always asked for a fair investigation,” she said.