Ex-NMSU basketball player Mike Peake won't be charged in fatal shooting at UNM campus

Former New Mexico State forward Mike Peake won't face charges for his involvement in a fatal shooting. (James Snook/Reuters)
Former New Mexico State forward Mike Peake won't face charges for his involvement in a fatal shooting. (James Snook/Reuters)

Former New Mexico State basketball player Mike Peake won't be charged in a deadly shooting that took place in November on the University of New Mexico campus.

The Bernalillo District Attorney's Office announced the decision in a statement released Monday.

“The decision to not charge Mike Peake was made by the prior administration based on all the facts and evidence presented to them," the statement reads. "Nothing has changed, so we’re honoring that decision.

"It was determined Peake acted in self-defense."

Shootout on UNM campus

Police say Peake was ambushed and attacked with a baseball bat after being lured to the UNM campus by 17-year-old student Mya Hill early on the morning of Nov. 19. Per police, fellow UNM students Brandon Travis, Elisha Upshaw and Jonathan Smith approached the two from behind in a dormitory parking lot, the Las Cruces Sun News reports. Upshaw then hit Peak in the leg and the abdomen with a baseball bat as Travis pointed a gun at Peake, police documents state.

Per police, Peake ran, then pulled out his own gun as Upshaw kept his gun trained on him. Travis fired "several times," according to police, and Peake fired back, fatally wounding Travis. Travis died at the scene, and Peake sustained a leg wound.

Authorities say video surveillance recorded the attack and subsequent shootout. The attack was part of a revenge scheme over a fight between Peake and Travis at NMSU's Aggie Memorial Stadium in October, police say.

Games canceled, NMSU program later suspended

The incident took place the morning before a scheduled game between the programs at UNM. The game was canceled, as was a scheduled rematch at NMSU slated for Dec. 3. Peake, 21, is a 6-foot-8 forward who played in 34 games including four starts the previous season, his first at NMSU after transferring from Austin Peay. NMSU suspended him from the program on Dec. 6. He has since entered the transfer portal but has not joined another program.

Upshaw, Smith and Hill have both been charged with crimes. Upshaw pleaded not guilty to two counts of aggravated battery, conspiracy and tampering with evidence, the Sun News reports. Smith pleaded guilty to charges of conspiracy to commit aggravated battery with great bodily harm and tampering with evidence. He faces up to three years in prison. Hill faced conspiracy charges in juvenile court.

NMSU suspended its basketball program in February. Per the university, the decision to suspend operations was unrelated to to the UNM shootout. Campus police say that an NMSU player was attacked by three of his teammates in a separate incident that led to allegations of false imprisonment, harassment and criminal sexual contact. Names of the alleged victim and perpetrators were redacted from the police report.