LAS CRUCES, N.M. (KTSM) – Former New Mexico State basketball player Mike Peake will not be charged with a crime in relation to a deadly shooting in Albuquerque on Nov. 19, 2022, the Bernalillo County District Attorney’s office confirmed to KTSM on Monday night.
KOB, KTSM’s NBC sister station in Albuquerque, was the first to report the news.
“The decision not to charge Mike Peake was made by the prior administration based on all the facts and evidence presented to them. Nothing has changed, so we’re honoring that decision,” Second Judicial District Attorney’s Office spokeswoman Nancy Laflin said in a statement to KTSM.
KTSM asked about three other former NMSU players and two former coaches – Marchelus Avery, Issa Muhammad, Anthony Roy, Greg Heiar and Dominique Taylor – that were a part of the District Attorney’s investigation into the shooting, but Laflin wouldn’t yet provide an answer with regards to the status of those five men. KTSM hopes to learn their status in the coming days.
Once the news broke, Peake took to social media to comment on it himself.
“So glad I didn’t lose myself through this process, I love how everyone had their own pieces to say. Now it’s my turn to explain MY STORY. In due time,” Peake wrote on Twitter.
Peake was suspended from the Aggies team in November due to his role in the shooting and the events leading up to it, then entered the NCAA Transfer Portal in late March.
The deadly shooting in Albuquerque on Nov. 19, 2022, left Peake injured and 19-year-old University of New Mexico student Brandon Travis dead.
According to police, Travis and fellow UNM students Jonathan Smith and Eli’Sha Upshaw allegedly wanted revenged against Peake for a fight at the Oct. 15, 2022, football game between UNM and NMSU in Las Cruces.
The three men lured Peake to UNM’s campus with the help of a 17-year-old female UNM student in the early morning hours of Nov. 19 – the same day NMSU and UNM were supposed to play the Battle of I-25 rivalry game at The Pit.
According to the girl’s statement to police, she told Peake she would have sex with him to get him to come to campus. Once he arrived, Smith, Travis and Upshaw can be seen on surveillance footage running up behind Peake. Travis pulls a gun out and points it in Peake’s face and Upshaw assaults him with a baseball bat.
When Peake tried to run away, Travis chased after him; Peake then pulled out his own gun and the two exchanged fire. Police say Travis shot first and that Peake acted in self-defense; Travis was shot four times and died from his injuries, while Peake was shot once in the leg.
The three other UNM students were all arrested and charged with multiple crimes, including aggravated battery and conspiracy. Smith took a plea deal in January, while Upshaw is currently awaiting trial after pleading guilty.