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Affidavit: Clash at NMSU vs. UNM football game led to deadly shooting setup

KTSM
KTSM
 14 days ago

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EDITOR’S NOTE : A previous version of this story said Brandon Travis’s roommate was involved in Saturday morning’s incident. KTSM has learned that that was inaccurate and has corrected it. KTSM regrets the error.

EL PASO, Texas (KTSM) — An affidavit obtained by KTSM Monday morning identifies at least one other suspect in the deadly shooting at the University of New Mexico campus over the weekend involving New Mexico State men’s basketball player Mike Peake. The shooting resulted in the death of 19-year-old UNM student Brandon Travis.

According to an arrest document, Peake had been speaking with a 17-year-old UNM student identified as ‘M’ for a while, and the pair agreed to meet up while he was in town. According to ‘M,’ her friend Brandon Travis knew she’d been speaking with Peake and asked her to set him up so he and his friends could jump him, and ‘M’ agreed.

‘M’ told investigators the set-up was retaliation to a fight at the UNM vs. NMSU homecoming game in Las Cruces on October 15.

The affidavit indicates she told investigators that she, Johnathan Smith, Brandon Travis, and another man were in Travis’s dorm room and planned how they would beat up Peake. She told investigators the plan was for her to walk with Peake outside of Coronado Hall, and once the trio of men “rolled up” on Peake, she was supposed to run away and not return.

Peake allegedly took an Uber to meet with ‘M’ at her dorm, where she met him outside, where the three men approached, and she saw Travis point a gun at Peake’s face. She also told police one of the other suspects had a bat on him. She told investigators she ran inside and later heard gunshots.

According to the arrest affidavit, police determined from witness interviews and security camera footage that Peake was hit in the leg with a bat by the third, unidentified man, then Peake proceeded to run away. As he ran, Travis fired his gun at Peake; Peake then took his own firearm from his pocket and fired back at Travis.

Per the affidavit, Peake hit Travis, at which point Travis fired at Peake again, hitting him in the leg. The other two witnesses ran away and were not injured.

The two men who were not injured claimed they called 911 and pressed the campus help button. Smith said he threw his phone underneath a car, knowing he could be tracked to the scene via GPS.

In a second interview with Jonathan Smith, investigators learned that while Smith knew Travis owned a gun, he did not think he would bring it to the set-up because they never talked about it.

Smith allegedly told police they broke back into the Coronado dormitory with a bat, where they changed clothes and returned to the crime scene. They blended in with the crowd gathered at the scene and watched as police attempted to render aid to Travis, who was already dead.

Smith was charged with Aggravated Battery, Conspiracy to Commit Aggravated Battery, and two counts of Tampering with Evidence. The case was moved from a Magistrate Court to a District Court in Bernalillo County where Smith is being held without bond pending a pre-trial detention motion.

According to New Mexico State Police, ‘M’ is charged with Aggravated Battery and Conspiracy. In New Mexico, 17-year-olds are charged as juveniles, and her name is being withheld.

The third man has not been charged with a crime as of Monday morning.

Later on Monday, New Mexico State released a Q&A form with answers the university could provide at the time.

New Mexico State said that student-athletes are not allowed to bring weapons on university property or at a sponsored university activity. That is a violation of university student code of conduct. Student-athletes’ bags were not checked before getting on the bus, but will now be going forward, according to the university.

All student-athletes were in their rooms at the time of bed checks at 11:45 p.m. on Friday night and an assistant coach was present in the hotel lobby from midnight until 2:00 a.m., per the university.

It was revealed that other NMSU athletes were out of the hotel and violated team curfew rules but were not part of the incident involving Peake.

New Mexico State cited Federal Privacy Laws (FERPA) and would not comment on any disciplinary actions taken by the school for players, coaches, or anyone. However, a New Mexico State official confirmed to KTSM that Greg Heiar is still NMSU’s head men’s basketball coach.

Here is the full Q&A list that New Mexico State provided:

Is there any disciplinary action on behalf of the university being taken against Mike Peake or any other student athletes? What is their status with the team and with the university?

Federal privacy laws (FERPA) prevent NMSU from commenting on specific students involved in student conduct investigations and/or any university disciplinary actions taken.

Were any other student athletes out of the hotel that evening?

Yes. We have become aware of other student athletes who have violated NMSU team curfew rules. Those student athletes were not part of this incident.

Are student athletes allowed to bring guns on team trips?

No. Possession, use or distribution of any weapon on university property or at a sponsored university activity is a violation of university student code of conduct.

If Mike Peake was alone, how did the team find out about his situation?

Mike called some of his teammates. They alerted the coaching staff.

Are the Aggies going to play in the Las Vegas tournament this weekend?

Yes. The team will travel to Las Vegas to play in this tournament.

Will the UNM game in ABQ be rescheduled?

We don’t have an answer to this yet.

Will the UNM game in Las Cruces still happen?

We don’t have an answer to this yet.

Are student athletes’ bags checked before they get on the team bus?

Prior to this event, they were not. Going forward, they will be.

What are student athlete curfew rules?

This varies depending on the time of the game. For the weekend trip to Albuquerque, the team returned to the hotel from dinner at 10:30 p.m., watched film from 10:30 to 11:30 p.m. and bed checks were conducted at 11:45 p.m. All student athletes were in their rooms at that time. An assistant coach was also present in the hotel lobby from midnight until 2 a.m.

What hotel did the Aggies stay at that evening?

The Double Tree in Albuquerque.

Did the incident on Nov. 19 stem from a fight during the NMSU/UNM football game in Las Cruces?

This question should be referred to the New Mexico State Police.

Was NMSU aware of any fights or video of fights during the NMSU/UNM football game earlier this year?

Yes. These were referred to the NMSU Dean of Students Office for further inquiry.

Was any disciplinary action taken against any students as a result of those fights?

There were multiple fights that day. In some of those instances, the students involved were unable to be positively identified. In other instances, federal privacy rules prevent the university from publicly providing additional details.

Has anyone addressed the Aggie men’s basketball team regarding this incident?

Yes. The coaching staff has spoken to the team throughout the weekend. Athletic Director Mario Moccia addressed the coaching staff this morning and the team this afternoon.

Will coaches or Athletics administration deliver messages to the other teams and student athletes regarding this situation?

Yes.

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Comments / 8

Kyle McDonald
14d ago

Punks can't just have a conversation to de-escalate things, or just get into a good old fist-fight. Too scared they might lose, boo hoo.

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12
DesertKingKnows!
14d ago

Gun fight at the OK Corral! Pistol Peak won! No pun intended. Just curious, were they African American? No racism intended whatsoever, so please back off.

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7
Mike B
14d ago

everyone is not tuff enough to just let it go and move on with life. the scared guy is going to pull a gun instead.

Reply(1)
7

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