LAS CRUCES, N.M. (KTSM) – On Thursday, New Mexico State University released the findings from the external investigation conducted by the Rodey Law Firm into a deadly Nov. 19, 2022, shooting involving NMSU basketball player Mike Peake.
According to the firm’s investigation, the Rodey Law Firm, “did not identify any failure by NMSU to meet its legal obligations in managing its student-athletes.” The firm also said in its report that they did not identify any violations of NCAA or WAC rules and regulations.
The law firm reviewed the facts of the case, various NMSU policies, interviewed relevant witnesses and analyzed publically available reports and video from law enforcement and the media to file its report.
However, according to the two-page memo of the Rodey Law Firm’s findings, several witnesses, including multiple NMSU players and coaches, “either refused to be interviewed for this investigation or were otherwise unavailable, or both.” NMSU chancellor Dan Arvizu said in February at a press conference that former NMSU head coach Greg Heiar had not shown up to a scheduled meeting regarding the Rodey Law Firm investigation.
The executive summary issued multiple recommendations to the university that they will now be reviewing to consider implementing.
“While the report did not identify any failure by the university to meet its legal obligations, we now know we have areas that can be strengthened,” chancellor Arvizu said in a statement. “We will soon announce a task force that will work closely with the administration and the Board of Regents to address these recommendations.”
The recommendations issued by the Rodey Law Firm can be found in their entirety below, copied from the executive summary.
Team Curfews. Colleges and universities handle student athlete curfews and punishment
for violations of curfews in different ways. Some may not require any curfews and some
may have very strict curfews. This often depends on the program, the team sport or the
coach. Many colleges and universities leave the issue of curfews to each coach to
manage. Nevertheless, because so many players on the NMSU basketball team broke curfew on
the night of the shooting incident, and in fact were out of their hotel rooms well after
curfew, we recommend that NMSU consider developing a policy that addresses the
adoption and enforcement of team curfews during out-of-town travel and the related
expectations of NMSU student athletes. The policy should make clear to student athletes
the importance of following team curfew rules and the importance of holding themselves
out as student ambassadors consistent with NMSU values. NMSU should train all
coaches and student athletes as to these expectations.
Weapons Policy. NMSU should consider adopting and implementing a more detailed
weapons policy that specifically prohibits the possession of any weapon or firearm by
any student athlete while traveling for team events or while engaging in any activity
where the student athlete is representing NMSU. NMSU should train all coaches and
student athletes as to the same.
Communication with Law Enforcement. Although very rare, there are times when
coaches or other NMSU staff will be contacted by law enforcement with respect to
potential criminal activity involving a student athlete, whether that student athlete is
traveling with the team or otherwise engaged in an activity representing NMSU. NMSU
should develop a policy to address the process and procedure for coaches with respect to
communicating with law enforcement, particularly when they are involved in out-of-town
travel. Such a policy should include identification of the person or person’s responsible
for such communication, and all coaches and other staff should be trained as to the same.
Strengthening Institutional Culture within NMSU Athletic Programs. NMSU should
implement measures to strengthen a culture that encourages student athletes to adhere to
the integrity and values of NMSU at all times, not just during travel.
University Oversight Regarding Student Athletes. NMSU should consider adopting a
policy that sets forth (1) how and when information regarding misconduct by a student
athlete should be shared among and between various stakeholders within the University
and (2) how NMSU will coordinate with coaches or others in the Athletic Department to
impose appropriate discipline if the University becomes aware that a student athlete has
engaged in conduct that is inappropriate, violates the NMSU Student Code of Conduct or
violates the NMSU Student Athlete Handbook.
NMSU Student Athlete Handbook. We recommend that NMSU revise its Student
Athlete Handbook to be consistent with the above recommendations once they are
implemented
The investigation was commissioned by NMSU as a result of a deadly Nov. 19 shooting on the UNM campus in the hours before the Aggies were to play the Lobos in the Battle of I-25 in Albuquerque.
In surveillance footage of the events, Mike Peake is seen arriving on the sidewalk with a 17-year-old girl who police allege conspired with three men to jump Peake as retribution for a fight in Las Cruces at the Oct. 15 UNM-NMSU football game. Then, three men run up from behind and video shows the moment that Peake is attacked with a baseball bat and attempts to run away. Police say 19-year-old Brandon Travis shoots at Peake and Peake shot back.
Travis was killed as a result and Peake was shot in the leg. The video then shows him walking in the cross walk, limping after being shot. Then, a yellow Camaro arrives; that’s where his three teammates Issa Muhammad, Anthony Roy and Marcelous Avery get out. Police say Peake put the gun and his tablet into the vehicle.
The 17-year-old girl, Jonathan Smith and Eli’Sha Upshaw were all charged with multiple crimes, including Aggravated Battery and conspiracy. Upshaw has pleaded not guilty, while Smith has taken a plea deal.
No one involved with NMSU has been charged with a crime in the case.
Heiar, and associate head coach Dominique Taylor spoke with police the morning following the shooting. Taylor eventually turned the gun used by Peake over to police; assistant coach Lorenzo Jenkins gave them Peake’s tablet at a rest stop outside of Socorro, N.M., after the team left Albuquerque. His phone was give to police by athletic department staffer Ed Posaski.
The Bernalillo County District Attorney’s office as well as New Mexico State Police are still investigating the case and have not released their findings.
There is also a separate investigation currently being conducted by NMSU into serious hazing allegations against three NMSU players by one of their teammates which ultimately ended up shutting the season down and led to the termination of Heiar. There is no timeline for the completion of that investigation.
Per the Las Cruces Sun-News, Heiar’s last day of paid administrative leave at NMSU will be March 27. The school used three points of emphasis to terminate his contract. First, the significant or repetitive breach of university rules or regulations. Second, that Heiar’s actions or inactions permitted or condoned fraudulent acts and that he reasonably should have known about them; and third, that Heiar’s actions or inactions effectively brought he and the university into public contempt, scandal or ridicule.
As of Thursday, Heiar’s assistant coaches were still on paid administrative leave by the university. Their contracts are set to expire on April 30.
