ALBUQUERQUE, N.M. (KTSM) – A third University of New Mexico student was charged with multiple felonies on Friday in relation to a deadly shooting in Albuquerque on UNM’s campus on Nov. 19 that involved New Mexico State basketball player Mike Peake.
19-year-old Eli’Sha Upshaw was arrested and charged with two counts of aggravated battery, two counts of conspiracy and one count of tampering with evidence, all of which are third- or fourth-degree felonies. Upshaw was charged for his alleged involvement in a Nov. 19 revenge plot that lured Peake to campus early that morning.
He is the third UNM student to be charged in relation to the case. 19-year-old Jonathan Smith and a 17-year-old girl were both charged with multiple felonies last month, including aggravated battery and conspiracy.
No one from NMSU has been charged in relation to the shooting or the Oct. 15 fight that was the alleged precursor to it. Peake was suspended indefinitely from the NMSU basketball team on Dec. 5.
Upshaw is currently being held without bond, pending his first appearance at a Bernalillo County Metro Court on Monday. Prosecutors could ask for Upshaw to continue to be held without bond, according to court records.
In order to do that, prosecutors have to prove that Upshaw is a danger to the public. Last month, a judge denied prosecutors’ request to hold Upshaw’s alleged co-conspirator Smith without bond, saying that the prosecution failed to prove that the bond was insufficient to protect the public.
According to police, Upshaw conspired with 19-year-old Brandon Travis, Smith and a 17-year-old female to lure Peake to campus early in the morning on Nov. 19. The men allegedly wanted revenge against Peake because of a fight between the two sides at the UNM-NMSU football game on Oct. 15 in Las Cruces.
Peake was in Albuquerque for the UNM-NMSU basketball game that night at The Pit. Police say the 17-year-old girl was used by the three men to lure Peake to campus with the promise of sex, where they were waiting to assault him.
Surveillance footage shows Peake walking with the 17-year-old girl towards the dormitories at around 3 a.m. Smith, Travis and Upshaw can then be seen approaching them from behind. Travis pulls out a gun and points it at Peake; a second attacker then hits Peake in the leg and abdomen with a baseball bat. Smith told police that Upshaw is the one that swung the bat.
Peake then attempts to run away, with Travis chasing after him with his gun drawn. The two exchanged gun fire, with police saying Travis shot first and Peake fired back. Travis was shot four times and died from his injuries; Peake was hit once in the leg and has since been released from the hospital.
Smith and Upshaw ran from the scene, but called 911 and pushed the campus help button, according to the police report. They changed their clothes in Upshaw’s dorm room, then drove back to the scene to get Smith’s phone and put their clothes in the sewer at the Lobo Village complex. They then went back to the scene and blended in with the crowd, according to the complaint.
Both guns have been recovered from the scene, but it is not clear where the baseball bat is at this time.
Upshaw was interviewed by police in body camera footage obtained by KTSM. They spoke to him on Nov. 19 at the UNM dormitories, learning that Upshaw knew Travis and had been involved in the fight at the UNM-NMSU football game.
“I saw Brandon getting kicked. I helped my friend. I messed up my hand pretty bad and got my nose broke,” Upshaw can be heard telling the police on the body camera footage. “We were all pretty upset about it. … as anyone would be if they got jumped over a girl, which I found out after the fact. … Some girl that goes to State that one of my boys was cuddled with.”
State police can be heard multiple times telling Upshaw that they’re looking for two other people that were seen on surveillance footage with Travis. They tell Upshaw that his name has come up in other interviews they had conducted.
However, Upshaw denied any involvement in the revenge plot and shooting multiple times, telling police that he was in his room with two females at the time of the shooting.
Police can be heard telling Upshaw, “What we are getting at is we know two other people were with (Travis) and we are trying to find out who those people are. … We are going to find out who they are at some point. … If you were with (Travis) last night when this went down, that is something we need to know.”
Upshaw was later asked by police to grade how honest he’d been with them on a scale of 1 to 10. Upshaw responded by saying he would give himself a, “10.”
Investigators contacted Upshaw for a second interview at the UNM Police Department in the days following the shooting. Upshaw turned over his phone, but ultimately rejected a second interview at that time.