Since June of 2023, the Denver Justice Project has fought alongside the Fresquez family in their pursuit of justice for Adam.
From the very beginning, we have said: Pepper spraying someone then proceeding to shoot them twice in the back is not self-defense.
We firmly believe that if the roles in this case had been reversed, Adam Fresquez would have been arrested immediately and charged with first-degree murder. Instead, Jeremy Smith was granted an extraordinary level of leniency that is almost never afforded to people of color, people like Adam.
This case is yet another example of racial bias in the application of self-defense laws, where white defendants are far more likely to be justified, especially when the victim is a person of color. The system grants them the benefit of the doubt—a clear message about whose lives are valued and whose are not.
Adam’s mother asked for a fair investigation and a trial where all facts would be revealed. The facts are clear: Adam was pepper-sprayed at close range. As he instinctively backed up and turned away, feeling the effects of the spray, he was then shot twice in the back. Jeremy has told various versions of the story but consistently mentions that Adam was “leaving” or “ducking away” when he shot him twice. These are not the actions of someone acting in self-defense.
The outcome of this case sets a dangerous legal precedent—that people like Jeremy Smith can take a life, manipulate the facts, and walk away without consequence if their victim is a person of color. Smith has a history of recklessly using pepper spray, falsely claiming he was threatened with a gun, and escalating situations with excessive force unnecessarily. Jeremy Smith is a threat to the public. This verdict emboldens him and others to weaponize self-defense laws to justify killing people of color.
We acknowledge the district attorney’s efforts to hold Jeremy Smith accountable, but the reality remains—there is no justice for Adam. The jury returned a not guilty verdict, and no ruling could ever bring him back. His family is left with an unimaginable loss, now forced to live in the same community as the man who took Adam’s life—a daily reminder that his killer walks free while they carry the weight of his absence.
To the community: We extend our deepest gratitude. Thank you for standing with the Fresquez family, for your presence, and for refusing to accept this injustice. We will continue to fight alongside them as they begin the painful process of grieving Adam.
