Tesla charging station shooting suspect appears in court, remains in custody in Colorado on $300,000 bond

The man accused of shooting and killing another Tesla driver at a supercharger station in Edgewater appeared in court on Wednesday morning. Jeremy Alan Smith, 39, of Denver, was arrested on Tuesday on suspicion of killing Adam Fresquez after an apparent road rage-fueled confrontation.

Smith appeared in court on Wednesday on second-degree murder and manslaughter charges.  

The shooting happened on May 3 at the Edgewater Public Market at the 5500 block of West 20th Avenue. Authorities said both men were driving Teslas and that surveillance video showed both vehicles pulled up to the Tesla supercharger station in the parking lot of the Shake Shack at approximately the same time. Smith allegedly then maced Fresquez, who walked toward his vehicle and shot him twice in the back.

Edgewater police investigators said Smith called 911 after pulling out and driving off afterward. He allegedly confessed to shooting Fresquez after Fresquez pulled a gun on him.

In the arrest affidavit, he is quoted as saying, "Like um, there was like some, you know, the guy was like road rage going on like, going to the charging station and then when I parked a guy got out, and he uh, he uh, he pulled his gun out on me and um in any case, I uh, I uh, I maced him in the face and then I and then I uh, and then I uh, and then I shot him you know what I mean."

Smith continued telling dispatch, "The guy uh, he uh, he uh, when I parked at the charging station, he uh, he stopped right there and then he got out and he like pulled a gun on me and like stuck it in my face and shit, and then like, I mean. And then and then he was like, hey let's fight, you know and then I like maced him in the face and then you know, he went for his gun, you know and then I, and then I just shot him, you know."

Smith was taken into custody at his apartment on Xavier Street in Denver. The red Tesla 3 that Smith was driving was processed for evidence and investigators found a Glock 37 .45 caliber handgun with seven rounds in the magazine and one bullet in the chamber. Two magazines were also located. One was loaded 10 rounds and one with seven rounds. Two .45 caliber shell casings were located behind the driver's seat on the floorboard. 

According to the arrest affidavit, when West Metro Fire Rescue crews arrived on scene, they found a handgun inside of Fresquez's clothing, near his groin. In the parking space where he was shot, a can of "Sabre Red Maximum Strength Pepper Gel" was found. Located on the ground near the pepper gel canister was one unfired 9mm cartridge. On the ground near the cartridge was one fired 44/45 caliber bullet. 

Fresquez was rushed to the hospital where he died a short time later. When Fresquez's Tesla was processed for evidence, investigators found a red sweatshirt wrapped around a black PTR 9mm handgun with an extended magazine that contained 30 9mm rounds. A small scale and two miniature brandy bottles were also found in the vehicle. 

The family of both men appeared in court at the hearing. 

Fresquez's mother made a statement outside of the courtroom, surrounded by family and friends wearing a Justice for Adam T-shirt. 

"I am not relieved. My son is still not here. That's all I have to say," said Lena Fresquez Mendez.

A spokesperson for Fresquez's family also gave a statement outside of the courtroom after the hearing, "We wonder why after three months of investigating the DA's office can find second-degree murder and manslaughter charges after Edgewater police tried to convince us that a crime did not take place, that nothing was wrong or outside of the ordinary."         

Smith's mother, Gail Sudduth, said that her son was afraid for his life, "My son is here today because of something that never should have happened. He was approached, and his life was threatened."

"He went to the charging center to charge up his Tesla to return it. The other gentleman approached him, put a gun in his face, threatened his life," said Sudduth.  

Smith appeared in Jefferson County Court on Wednesday morning on second-degree murder and manslaughter charges where a judge set his bond at $300,000 cash-only. If he does post bail, the judge said he must stay away from guns, drugs and alcohol.