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Marion man accused of murdering New Mexico state trooper will not face death penalty

Jaremy Alexander Smith was accused of killing New Mexico State Police Officer Justin Hare following a shootout involving a deputy sheriff in southwest Albuquerque.

On Wednesday, the U.S. District Court for the District of New Mexico announced that Smith will not face the death penalty.

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According to NMSP Chief Troy Weisler, Smith had a flat tire on I-40. Officer Hare was dispatched to assist Smith.

When Hare offered him a ride into town, according to Weisler, Smith shot Hare twice without warning and then pushed Officer Hare into the passenger seat of the patrol car while stealing the vehicle.

Smith's criminal record includes taking hostages and causing a riot in prison, burglary, theft, armed robbery, resisting and eluding police, auto theft, shooting at or from a motor vehicle, and armed robbery.