ALBUQUERQUE, N.M. (KTSM) – Eli’Sha Upshaw pleaded not guilty in Second Judicial District Court on Monday for his alleged role in a Nov. 19 shooting on the University of New Mexico campus that also involved New Mexico State men’s basketball player Mike Peake.
Upshaw was formally indicted on Jan. 3 by a Grand Jury and has another hearing scheduled for Feb. 1.
The University of New Mexico student was arrested and charged with multiple felonies, including counts of aggravated battery, conspiracy and tampering with evidence last month.
He was released from jail back on Dec. 22 to live with his mother in Maryland. There are multiple conditions with which he must abide; he cannot possess any firearms, or have any contact with Peake or any of his alleged co-defendants or witnesses; he also must abide by a strict curfew.
Police allege that Upshaw and three other students conspired to lure Peake to the UNM campus on Nov. 19, with plans of assaulting him as retribution for a fight at the Oct. 15 UNM-NMSU football game in Las Cruces.
Brandon Travis was killed in a shootout with Peake and Peake was shot in the leg after police say Travis, Upshaw and Jonathan Smith assaulted him in the early morning hours of Nov. 19.
Smith and 17-year-old girl who helped lure Peake to campus that morning on the promise of sex were also charged with multiple felonies in relation to the case, including aggravated battery and conspiracy. Smith was released to live with his mother in Plano, Texas, back in November.
Neither Peake, nor anyone else associated with NMSU has been charged with a crime.
New Mexico State University is currently having Rodey Law Firm conduct an external, third-party investigation of the events of Nov. 19 and the response to it by NMSU coaches, players and administrators.
An NMSU official told KTSM that the external investigation is still ongoing – as is an investigation being conducted by the Bernalillo County District Attorney’s office. The Rodey Law Firm investigation team has already spoken with NMSU employees, with more interviews expected to take place in the coming weeks, according to NMSU.
There is no set date for the conclusion of that investigation, but no findings will be released until it is completed.