Family of UNM student killed in on-campus shooting sues NMSU, coaches

ALBUQUERQUE, N.M. (KRQE) – It was a case that rocked New Mexico and the Rio Grande rivalry when a fight at a football game led to a retaliation plot that left a University of New Mexico student dead. Now that student’s family is suing New Mexico State University, its basketball coaches, and its athletic department director.

A brutal fight at a Rio Grande rivalry football game in October of 2022 at NMSU led to an even bigger tragedy. In November 2022, after he was beaten up by NMSU basketball player Michael Peake in that October brawl, police say UNM student, Brandon Travis, and his friends lured Peake to the UNM campus the night before the rivalry game in Albuquerque. Police said they tried to jump Peake when Peake ran away and exchanged gunfire with Travis. Travis died at the scene.

Now his family is taking legal action. Travis’s parents are suing NMSU, along with former basketball coaches Greg Heiar and Dominique Taylor, as well as Athletic Director Mario Moccia. The lawsuit claims that before the fatal shooting, the coaches were aware of some of their players carrying guns on campuses and never intervened. It also calls out the coaches and NMSU for not disciplining Peake after the October fight.

In a November 2022 press conference after the shooting, Moccia told the press they did take action after the seeing the video of the October fight.

“With regard to our men’s basketball player Michael Peake, athletics was aware of an altercation with him and some other individuals at the October 15 football game between New Mexico State and [the] University of New Mexico, and discipline measures were taken at that time,” said Moccia. He did not elaborate on what disciplinary action was taken.

The lawsuit claims Coach Taylor allowed Peake to violate the team’s curfew the night before the game when he went to UNM’s campus armed. It did not mention the police’s statement that Travis and his friends used a female friend to lure Peake to campus for a retaliatory attack.

The lawsuit also claims the coaches allowed the gun Peake used to be withheld from law enforcement instead of giving it to investigators immediately.

KRQE News 13 reached out to NMSU for comment but a spokesperson said the university does not comment on pending litigation.

Ryan Sanders, attorney for the plaintiffs, emailed this statement to KRQE News 13:

“New Mexico State University unleashed its far-reaching institutional failures on the students of our State’s two largest universities resulting in a preventable tragedy. Brandon Travis and his family were victims of these failures. Under NMSU’s policies and through the development and encouragement of a ‘culture of bad behavior,’ as designated by NMSU, NMSU basketball players were enabled to tragically take Brandon’s life in a preventable act of gun violence on November 19, 2022.

“In the months leading up to the fatal shooting, NMSU tolerated and encouraged a growing culture of gun violence by allowing its basketball players to openly carry firearms on campus, in the locker rooms, and on school-chartered buses. Despite complaints from basketball team players, NMSU turned a blind eye to the hazing, assault, and abuse being perpetuated within the team. When Brandon was suddenly and brutally attacked by two NMSU basketball players on October 15, 2022, NMSU again turned a blind eye—neither NMSU player was investigated or disciplined. Instead, NMSU continued to foster the toxic, violent locker room culture that ultimately resulted in Brandon’s fatal shooting.

“The Travis family seeks to hold NMSU accountable for its institutional failures, including the toxic, violent culture condoned by its administrators, that led to Brandon’s preventable and tragic passing.”

Ryan Sanders

Coach Heiar was eventually fired from NMSU in February 2023 following hazing allegations within the basketball program that led to the cancellation of its season. He took the university to court claiming he was wrongfully terminated. The university denied those allegations.

Dominique Taylor is no longer listed as a basketball coach for the 2024-2025 season. Mario Moccia is still the athletic director at NMSU.

The three friends who police said conspired with Travis to lure Peake to campus and jump him faced charges. Eli-sha Upshaw pled guilty to aggravated assault and conspiracy charges. He was sentenced four years of supervised probation. Jonathan Smith pled guilty to conspiracy to commit aggravated battery and tampering with evidence, he is awaiting sentencing. Both Smith and Upshaw were given condition discharges meaning if they behave themselves, their convictions could be dropped.

Mya Hill pled guilty to aggravated battery and conspiracy charges in juvenile court and was sentenced to probation until she turns 21. Even though Peake carried a firearm on a school, he was not charged with a crime.

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