ALBUQUERQUE, N.M. — The family of a New Mexico State Police Officer is one step closer to justice after a fugitive shot their loved one, kidnapped him and killed him. 

Jaremy Smith will spend the rest of his life behind bars after pleading guilty to stealing a gun and car, shooting New Mexico State Police Officer Justin Hare and kidnapping the injured officer before leaving him on the side of the road while he was still alive. 

“Jaremy Smith will never take another breath as a free man, and rightfully so. There is no place in our society for cold-blooded killers, which is exactly what he is,” said NMSP Chief Troy Weisler. 

On Friday, Jaremy Smith changed his plea to guilty in federal court, admitting to five felony charges:

• Count One: Carjacking Resulting in Death
• Count Two: Using and Carrying a Firearm During and in Relation to a Crime of Violence, and Possessing a Firearm in Furtherance of Such Crime; Discharging said Firearm; and Causing Death Through Use and Possession of a Firearm
• Count Three: Kidnapping Resulting in Death
• Count Four: Prohibited Person in Possession of a Firearm
• Count Five: Possession of a Stolen Firearm

“While today, cannot bring Justin back, I hope that it provides his family and his friends with some measure of peace as they continue to heal,” Wiesler said. 

On March 15, 2024 Smith was already on the run from police after stealing a car and a 9 mm gun. Later, police in South Carolina connected him to the murder of paramedic Phonesia Machado-Fore, but he has not been formally charged yet.   

Smith was driving her white BMW I-40 near Tucumcari when he got a flat tire. That’s when officer Justin Hare came to help and even offered Smith a ride into town to fix the tire. 

In the signed plea agreement, Smith admits to shooting Hare once, and then going around Hare’s car and shooting him two more times. Smith then got into Hare’s police cruiser with the officer still alive in the car. He drove for about five minutes and took Hare out of the car, leaving him on the side of the road.  

Smith continued to drive Hare’s car before crashing it.  He then stole another car and drove to Albuquerque. March 17th, Bernalillo County Sheriff’s Office Deputies found him after a tip from a gas station clerk. 

On Friday, dozens of New Mexico State Police officers came to support their fallen brother, Justin Hare, and his family as they shared how they’re feeling.

“I’m glad that sorry excuse of a human being owned up to what he did. [It’s] been 10 long months to get this point, to get to this point, I don’t know where terry and I would be if it wasn’t for the great New Mexico State Police officers that constantly check in on us,” Officer Hare’s father, Jim Hare said. 

While this is a step closer to justice, Hare’s parents, Jim and Terry, believe it’s not over yet. 

“We have a long way to go to get justice for our son, and we will continue to fight for him until our dying days,” Jim Hare said.

“This [is a] baby step of the steps that we’re going to take. No family should have to go through this, especially the family of a first responder of any kind,” Terry Hare said. 

In the plea agreement, Jaremy Smith waived his right to plead not guilty in the future. He also might have to pay restitution to Hare’s family as part of the Mandatory Victim’s Restitution Act. He will spend the rest of his life in jail, without the possibility of parole. His sentencing hearing will be April 21.

As for the South Carolina case, as of Friday, nothing has been filed in court yet. But the death penalty could be pursued. It was on the table in New Mexico, but federal authorities in Albuquerque decided not to.

On Friday, U.S. Attorney Alexander Uballez explained it’s not up to his office, it’s up to the attorney general. 

“There’s an internal process that involves the review of a number of things. It’s outlined in a justice manual, including consultation with the families and survivors, analysis of the facts, analysis of the law, a number of other factors, as outlined in the justice manual,” Uballez explained.