Travis family files wrongful death suit against NMSU, AD Moccia, and former coaches Heiar and Taylor

EL PASO, Texas (KTSM) — About two years after the death of Brandon Travis, the University of New Mexico student who was killed in a shootout with former New Mexico State men’s basketball player Mike Peake, Travis’ family is suing NMSU, its athletic director Mario Moccia, and former NMSU men’s basketball coaches Greg Heiar and Dominique Taylor.

The complaint for wrong death and civil rights violations was filed earlier in the week in Sante Fe’s First Judicial District Court by the Travis estate and his representative.

The complaint alleges NMSU, Moccia, Heiar and Taylor were responsible for a “toxic culture” within the men’s basketball program that led to Travis’ death in November of 2022.

In Nov. 2022, Travis was one of four UNM students that lured Peake to UNM’s campus 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 police, Travis and fellow UNM students Jonathan Smith and Eli-Sha Upshaw wanted revenge against Peake for a fight at the Oct. 15, 2022, football game between UNM and NMSU in Las Cruces.

A month after the incident at the football game, the three men lured Peake onto the University of New Mexico campus in Albuquerque with the help of 17-year-old female UNM student Mya Hill on Nov. 19. Once Peake was in place, the three men attacked Peake. Upshaw could be seen on surveillance footage running up behind Peake and hitting him with a baseball bat on the leg before the incident turned into a deadly shooting.

Footage shows Peake running away after being hit with the baseball bat. Police say Travis then fired his gun at Peake, hitting him once. Peake returned fire, hitting Travis four times and killing him.

Police and the Bernalillo County District Attorney’s office ruled that Peake acted in self-defense. Neither Peake, nor anyone else affiliated with New Mexico State University, were charged with a crime related to the incident. Peake was suspended indefinitely from the NMSU men’s basketball team in the days following the shooting.

Hill, Smith, and Upshaw, the three UNM students involved in the incident. have been convicted of crimes.

The Travis family lawsuit claims the entire incident could have been avoided, citing NMSU, Moccia, Heiar, and Taylor allowing a “toxic culture” within the men’s basketball program led to the death of Travis.

“As a direct and proximate result of the acts and omissions of the employees, agents, and/or apparent agents of Defendant NMSU, to include Defendants Moccia, Heiar, and Taylor, Brandon Travis was killed.” the lawsuit states.

The lawsuit claims several players on the NMSU team that season “purchased and openly carried firearms on campus, including in the locker rooms and on school-chartered buses, in direct violation of New Mexico law and campus policies.”

“Agents and employees of Defendant NMSU, to include Defendants Moccia, Heiar, and Taylor, knew or should have known that members of its basketball team, including Micheal Peake, transported firearms on NMSU-charted buses to offsite athletic events, such as games against rival schools.” the lawsuit states.

The Travis lawsuit asks for direct and consequential damages including: “reasonable and necessary funeral and burial expenses, the physical and emotional suffering experienced by Brandon Travis between the time of injury and death, cost of suit, attorney fees” and other damages.

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