ALBUQUERQUE, N.M. — The man accused of killing New Mexico State Police Officer Justin Hare – who pulled over offering to help with a flat tire – is staying behind bars. Jaremy Smith faced a federal judge Tuesday, where prosecutors laid out the evidence against him.

Hare’s family sat in the courtroom as prosecutors tried to establish probable cause. That’s a lower standard of proof the government needs to meet to move the case forward.

To do that, they called FBI Special Agent Bryan Acee to the stand. Acee walked the court through what he saw in yet-to-be-released body camera footage that shows Hare pulling over to the side of the road to help a stranded driver on I-40.

Acee said Hare was friendly before Smith suddenly shot him, waited for a semi-truck to pass, and then shot him two more times.

Acee said the video shows Smith took off in Hare’s patrol vehicle and that is what opened the door for the feds in this case. Smith is charged with carjacking resulting in death – because Hare’s patrol vehicle was manufactured out of state and crossed state lines to get to New Mexico, that’s enough to put the case in the hands of the feds.

Ultimately, the judge ruled there is enough evidence to meet the probable cause burden. Smith waived his right to a detention hearing, meaning he will stay locked up until trial.

There’s also still questions about Smith’s role in a South Carolina murder. The feds taking over his case will likely mean that murder case will take a backseat until this trial runs its course.

The death penalty may still be an option as well.