Feds seek death penalty against man who killed NMSP officer

The federal government is seeking the death penalty against a man convicted of fatally shooting a New Mexico State Police officer and accused of killing a South Carolina first responder in 2024.

On Wednesday, the U.S. Department of Justice filed a notice of intent to seek the death penalty against Jaremy Smith, 35, of Marion, South Carolina, who was indicted by a federal grand jury on Feb. 24, DOJ spokesperson Veronica Wheeler said in a news release.

Smith is charged with kidnapping resulting in death, carjacking resulting in death, using a firearm during a crime of violence in a manner to constitute murder, possession of stolen firearms and being a felon in possession of firearms in the March 2024 killing of 52-year-old emergency medical services worker Phonesia Machado-Fore.

Wheeler said Smith is likely in a South Carolina jail awaiting his Thursday arraignment, she said. 

On March 13, 2024, Smith kidnapped Machado-Fore from her home in Marion and forced her to drive her vehicle to a remote area, near Nichols, South Carolina, where he tied up and blindfolded Machado-Fore before shooting her behind an abandoned house, according to the Department of Justice.

Smith then drove Machado-Fore's car back to her home, where he stole several firearms that he later sold and drove to New Mexico, where, two days later, he gunned down New Mexico State Police officer Justin Hare, 35, after Hare stopped to help fix Smith's flat tire on Interstate 40, west of Tucumcari.

In March 2024, Smith was charged in the South Carolina case. In 2025, he pleaded guilty to killing Hare and was sentenced to life in prison.

Gregory R.C. Hasman is a general assignment reporter and the Road Warrior. He can be reached at ghasman@abqjournal.com or 505-823-3820.