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Man accused of murdering New Mexico state police officer will not face death penalty

The man accused of killing New Mexico State Police Officer Justin Hare will not face the death penalty.

The U.S. District Court for the District of New Mexico filed the notice for Jaremy Alexander Smith on Wednesday.

He is accused of car theft resulting in death and of firing a firearm during and in connection with a violent crime.

Smith is accused of killing Hare on March 15 after he suffered a flat tire on I-40 near Tucumcari.

When Hare offered him a ride into town, NMSP Chief Troy Weisler said Smith shot Hare twice without warning and then shoved 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.