Two men involved in attack on former NMSU basketball player Mike Peake get probation

EL PASO, Texas (KVIA) -- Eli-Sha Upshaw will receive 4.5 years of supervised probation, and Jonathan Smith will receive 3 years of supervised probation, for their involvement in a 2022 attack on the University of New Mexico campus, prosecutors announced today.

"In 2022, Smith, Upshaw, and Brandon Travis planned to jump NMSU basketball player Mike Peake in retaliation for a fight that broke out during a UNM/NMSU football game in Las Cruces a month before the shooting."

Prosecutors say Peake was lured to the UNM campus, where Upshaw allegedly hit him with a bat. Peake ran away as Travis shot at him, court officials recount. Peake then fired back and killed Travis.

"Smith was cooperative with the investigation," prosecutors explained today.

The Bernalillo County District Attorney announced in May 2023 that Peake would not face any charges in connection to the shooting.

ABC-7 has followed this story from the beginning. Find more coverage here.