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Bond set for deadly Tesla road rage incident suspect

A Jefferson County judge on Wednesday set bond for a man accused of shooting another to death after a road rage incident in Edgewater.

The families of both men involved in the May shooting at the Tesla charging station spoke at the bond hearing.

Adam Fresquez, 32, was maced and shot in the back twice last May 3 by a man who followed him there after a road rage incident, according to an Edgewater Police arrest affidavit.

Jeremy Smith, a 39-year-old Navy veteran and father of two, was arrested Tuesday after a seven-month investigation revealed the final piece of forensics which the Edgewater police had been waiting for — that the active ingredients in Sabre Red Maximum Strength Pepper Gel were found on Fresquez sweatshirt and on the Tesla which was parked behind him at the charging station.

A cartridge of the mace was found by investigators near Fresquez’ body, the document showed.

The arrest affidavit reported that on May 3 at 9:37 a.m., after a road rage incident on West Colfax Avenue during which the two men, both driving Tesla’s, were bickering and “flipping each other off,” Fresquez drove to a Tesla charging station at 5505 West 20th and backed into the furthest north spot.

Two Teslas were already there with the owners inside. Six seconds after Fresquez arrived, Smith pulled into the last remaining open spot, surveillance video from a nearby Shake Shack showed.

It was Fresqez who got out of his car and approached Smith, yelling “Get the (expletive) out of the car” and “slapping windows,” a witness told police.

Smith then pepper-sprayed and shot Fresquez twice — once in the right lower back and once in the right upper back, the affidavit said, before he sped off. A witness who was parked at one of the nearby Tesla stations told police that the suspect, Smith, pointed a gun, shot twice. The cameras showed that this happened at 9:38 a.m.

Smith called in the deadly incident from his home at 9:43 a.m., according to the affidavit, and told police that it was Fresquez who pointed a gun at him first.

“I maced him in the face and then I, and then I uh, I uh, and then I shot him, you know what I mean,” he told them.

First responders found a handgun in Fresquez’ pants “near his groin” according to the arrest document. They also found blue pills which were marked M-30 in his car and a scale. The autopsy report revealed that Fresquez had cocaine and fentanyl in his system.

Fresquez’ family has been unhappy about what they have felt was the slow pace of the Edgewater Police’s seven-month investigation and even called for the investigation to be taken out of the department’s hands.

His parents and siblings hosted rallies and appealed for justice to the Edgewater City Council for an arrest. His mother, Lena Fresquez-Mendez told The Denver Gazette that they did not know who shot their son until the suspect was arrested on Tuesday evening.

At Wednesday’s hearing, Fresquez’ father, Juan Mendez, asked First Judicial District Judge Katy Allison to assign Smith a $1 million cash bond due to the fact that he could be a flight risk.

Fresquez-Mendez told Judge Allison: “This man was ex-military. He knew what he was doing when he shot my son.”

She said that Fresquez’ daughter still sleeps with his blanket.

Smith’s mother, Gail Sudduth, countered at the podium after Fresquez’ family spoke.

“He’s never been in any trouble. He’s a good kid,” said Sudduth, explaining that he also has a family and a job.

Smith’s public defender, Justin Conley, asked for a lesser bond due to the fact that the suspect stayed in the area for the entire seven-month long investigation, and that his record was clean except for a 2006 defective vehicle incident along with a more recent traffic case.

In the end, Judge Allison ordered a $300,000 cash bond amount that prosecutor Amanda Lessmann requested.

Smith’s advisement of the charges he faces is scheduled for Dec. 19 in Jefferson County Court.

FILE PHOTO: Edgewater police investigate the scene of a shooting homicide May 3 at the Edgewater Public Market parking lot, in the 5500 block of West 20th Avenue, which is just west of Sloan's Lake. Pictured is the Tesla charging station where the incident occurred at 20th and Depew. (CarolMcKinleyDenver Enterprise Reportercarol.mckinley@gazette.comhttps://denvergazette.com/content/tncms/avatars/5/c3/a0f/5c3a0fbe-1007-11ec-9e18-b7f42cfa4b0f.9565a0ce58866e86bcf18260621c2a46.png)
FILE PHOTO: Edgewater police investigate the scene of a shooting homicide May 3 at the Edgewater Public Market parking lot, in the 5500 block of West 20th Avenue, which is just west of Sloan’s Lake. Pictured is the Tesla charging station where the incident occurred at 20th and Depew. (CarolMcKinleyDenver Enterprise [email protected]://denvergazette.com/content/tncms/avatars/5/c3/a0f/5c3a0fbe-1007-11ec-9e18-b7f42cfa4b0f.9565a0ce58866e86bcf18260621c2a46.png)
Jeremy Smith, 39, was arrested Tuesday on suspicion of second-degree murder and manslaughter in the road rage death of Adam Fresquez, 33. Frequez was shot in the back twice May 3, 2023 at a Tesla charging station in Edgewater. (Courtesy photo, Jefferson County Sheriff)
Jeremy Smith, 39, was arrested Tuesday on suspicion of second-degree murder and manslaughter in the road rage death of Adam Fresquez, 33. Frequez was shot in the back twice May 3, 2023 at a Tesla charging station in Edgewater. (Courtesy photo, Jefferson County Sheriff)
Adam Fresquez, 33, was shot twice in the back May 3, 2023, and died after a road rage incident between him and Jeremy Smith. Smith was arrested Tuesday after a months-long investigation into the incident. (Courtesy photo, Lena Fresquez-Mendez)
Adam Fresquez, 33, was shot twice in the back May 3, 2023, and died after a road rage incident between him and Jeremy Smith. Smith was arrested Tuesday after a months-long investigation into the incident. (Courtesy photo, Lena Fresquez-Mendez)


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