JEFFERSON COUNTY, Colo. — Following a court hearing Thursday, the family of Adam Fresquez, the 33-year-old man who was shot and killed at a Tesla charging station in Edgewater in May 2023, accused the defendant’s legal team of delaying the case.
The Edgewater Police Department said the confrontation stemmed from an earlier road rage incident. Video evidence shows Fresquez and another man — later identified as Jeremy Alan Smith — arriving at the supercharger station within seconds of each other. Fresquez is seen walking toward Smith’s Tesla and then stumbling away less than a minute later, police said.
The video captured Smith pulling out of the parking space and traveling east. Minutes later, Smith called 911 and told the dispatcher he had maced and shot someone after they “pulled a gun” on him, according to Edgewater police.
A forensic pathologist with the Jefferson County Coroner’s Office would later note in an autopsy report that Fresquez had a gunshot wound to his right upper back and a gunshot injury to his right lower back, the affidavit said. It also revealed Fresquez had trace amounts of cocaine and fentanyl in his system.
Smith was arrested seven months later in connection with the crime.
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Fresquez’s mother, Lena Mendez-Fresquez, told Denver7 it’s been a long and painful road but she will continue to advocate for her son.
“It’s difficult to see the man who took my son walk in smiling and acting like this was not a murder,” she said. “I just want the truth to come out. I want a fair — I wanted a fair investigation, and I would like a fair trial. And that’s all I’ve ever asked for.”
The day of the shooting, Smith called 911 and reported that he shot Adam in self-defense — a claim the Fresquez family and advocacy groups have disputed.
“Adam was not only sprayed in the face with a full can of bear mace, but then Jeremy proceeded to shoot him twice in the back,” said Alexander Landau with the Denver Justice Project.
Family members and supporters traveled to the Jefferson County courthouse on Thursday for a motions hearing in Smith’s case. The defendant’s legal team 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.
The defense team 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.
An officer who responded to the scene was called to the stand for questioning Thursday. They testified that a gun was found underneath Fresquez, contradicting Smith’s claim that Fresquez had pointed a firearm at him.
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Fresquez’s family and supporters believe the arguments made Thursday are only delaying justice.
With additional hearings requested before trial, Fresquez’s mother is hoping all of this will eventually lead to some closure.
“I think that there is a lot to come. And I think that, hopefully, we’ll get out a lot of information today for our family and for everybody else. I mean, there’s a lot of answers that we don’t have still, and we’re just getting them little by little,” said Mendez-Fresquez.
Smith’s trial is currently set to begin Jan. 28, 2025.
