ALBUQUERQUE, N.M. (KRQE) – Eli-sha Upshaw, one of the suspects involved in a 2022 attack that led to the death of a University of New Mexico student, will not spend any time behind bars after being sentenced Tuesday.
UNM Students Brandon Travis, Johnathan Smith, Mya Hill and Upshaw learned New Mexico State University men’s basketball player Mike Peake was going to be in Albuqeurque for a basketball game against UNM. The three planned to jump Peake in retaliation to a fight that broke out during a UNM vs. NMSU football game where Peak and Travis can be seen on police bodycam involved in a fight.
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During the attack on UNM’s campus, surveillance video shows three men attack Peake. Upshaw is carrying a bat and hits Peake with it. Peake runs away and Travis follows and fires a shot at him. Peake fires several rounds as he continues to run away, hitting Travis, who returns fire, which hits and injures Peake. Travis died at the scene.
Upshaw took a plea deal and pleaded guilty to aggravated assault and conspiracy charges. Judge Britt Baca sentenced Upshaw to four years of supervised probation. Smith pleaded guilty to conspiracy to commit aggravated battery and tampering with evidence, he is awaiting sentencing. Hill pleaded guilty to aggravated battery and conspiracy charges in juvenile court and was sentenced to probation until she turns 21.
