Attorneys for SC man accused in NM police officer killing hope to avoid death penalty, seek delay in trial date
HORRY COUNTY, S.C. (WBTW) — Attorneys for a Marion man awaiting federal trial on charges of killing a New Mexico State Police officer have been in talks to keep their client off death row if convicted, court documents show.
Smith, 33, is facing charges including carjacking resulting in death and kidnapping resulting in death stemming from the March 15 shooting death of Ofc. Justin Hare along Interstate 40 outside of Albuquerque.
He’s currently slated to stand trial beginning on June 10.
Smith was arrested March 17 by Bernalillo County sheriff’s deputies in an Albuquerque neighborhood, who shot him several times following a brief foot pursuit.
He pleaded not guilty April 18 to charges including carjacking resulting in death, causing death by the discharge of a firearm during and in relation to a crime of violence, kidnapping resulting in death and interstate transport of a stolen vehicle.
Smith’s legal team last week also asked a U.S. District Court judge to delay the start of his trial, citing a “voluminous” amount of evidence that includes more than 7,700 individual items.
“To date, the government has provided defense counsel with 7,751 individual items in discovery … this number includes approximately 200 audio and video files, 1,123 photographs and 6,267 pages of written discovery,” the federal public defender’s office wrote in its Friday motion.
Smith was indicted by a federal grand jury on April 9, and prosecutors said they were considering the death penalty if he’s convicted.
Smith’s attorneys said in court documents a “mitigation presentation” is expected in early July that could take the death penalty off the table. Preparing for that alongside a criminal trial, they say, is too much of a burden.
Missing SC paramedic found dead in Dillon County, police say
“There is still a great deal of work to be done, which cannot be accomplished by
the current deadlines set by the court,” Smith’s attorneys said in their motion.
Smith is also facing 17 charges in the death of Pee Dee paramedic Phonesia Machcado-Fore.
Authorities found her body March 15 outside of Lake View in Dillon County.
Warrants issued on April 5 are for murder, kidnapping, carjacking, criminal conspiracy, two counts of grand larceny of a motor vehicle, two counts of first-degree burglary, two counts of possession of a weapon during the commission of a violent crime and seven counts of being a felon in possession of a handgun.
Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
For the latest news, weather, sports, and streaming video, head to Queen City News.
