Lawsuit filed against NMSU alleges sexual assault of two Aggies basketball players
Benjamin, Odunewu alleged sexual assault and battery in the lawsuit by three fellow teammates.
Jason Groves
This is a developing story and will be updated as more information becomes available.
LAS CRUCES, N.M. ― Former New Mexico State basketball players Deuce Benjamin and Shakiru Odunewu, along with current Las Cruces High Basketball Coach William Benjamin, filed a lawsuit Wednesday against the university, two of its coaches and three players alleging hazing allegations against members of the men's basketball team made earlier this year were actually sexual assault.
The New Mexico State Board of Regents, former head coach Greg Heiar, former assistant coach Dominique Taylor and former players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr., were named as defendants.
In the suit, Benjamin and Odunewu alleged that they were sexually assaulted by three teammates and that despite reporting it to coaching staff nothing was done.
"Slapping a label of hazing on such behavior mischaracterizes the seriousness of the harmful conduct," the lawsuit stated.
"When the behavior goes too far, and crosses the line into nonconsensual touching, it is not mere hazing; it is battery and sexual assault. When the behavior continues for months, it cannot be viewed as an initiation rite; instead, it is harassment and abuse."
The lawsuit, filed in the Third Judicial District Court, claims negligence, loss of consortium - or familial relation impacts - sexual assault, battery and false imprisonment.
In a statement issued Wednesday, New Mexico State University said, "While NMSU does not comment on pending litigation, we want to assure everyone that this issue is being taken seriously. As we announced earlier this year, the university is working with Greenberg Traurig to look into these allegations. Their work is underway and running in parallel to our own internal investigation into this matter."
According to the complaint, Odunewu met with investigators and informed them of the abuse and the fact that he had reported the abuse to members of the coaching staff, including Heiar. Deuce Benjamin has yet to meet with investigators, according to the complaint.
Requests for comment to Heiar, Taylor and Bradley by the Sun-News were not immediately returned.
All players from last year's team have entered the transfer portal and Bradley recently announced that he had committed to Northern Illinois.
As stated in the lawsuit:
- Negligence Brought Pursuant to the Tort Claims Act Plaintiffs Benjamin Jr. and Odunewu vs. Defendants NMSU and Heiar
- Loss of Consortium Brought Pursuant to the Tort Claims Act Plaintiff William Benjamin vs. Defendants NMSU and Heiar
- Sexual Assault, Battery and False Imprisonment Plaintiffs Benjamin Jr. and Odunewu vs. Defendants Aiken, Bradley and Washington
- Vicarious Liability Under Theory of Aiding in Agency Plaintiffs Benjamin Jr. and Odunewu vs. Defendent NMSU
- Violation of New Mexico Civil Rights Act Plaintiffs Benjamin Jr. and Odunewu vs. Defendent NMSU
Aggies players endure degrading, threatening behavior from fellow players
According to the lawsuit, Washington, Bradley and Aiken began to "degrade" Odunewu in the summer of 2022 through unwanted touching and cruel comments in the locker room.
"On one occasion during the summer of 2022, Shak was taking a shower in the Aggie locker room, when Doctor Bradley, and Kim Aiken, Jr. ripped the shower curtain aside. They forced Shak to spin around and do squats as they slapped his buttocks."
The lawsuit alleged that Bradley filmed that incident.
A second assault on Odunewu, the lawsuit alleged, occurred during a bus ride on Nov. 12, 2022 and involved Aiken, Bradley, and Washington.
According to the lawsuit the three forced Odunewu "onto the floor in the back of the bus. Aiken and Bradley pinned him down and pulled his pants and underwear down to his ankles. … They slapped his bare buttocks and he felt fingers inserted into his anus while his scrotum was simultaneously squeezed."
According to the court documents, Heiar and the coaching staff were present on the bus, though seated at the front. In response to the assault taking place, one of the coaches turned around and yelled out, “Stop playing around," the lawsuit alleged.
Heiar and Taylor were alerted to behavior when Odunewu officially reported it, and the lawsuit alleged Odunewu also asked Taylor to intervene. According to the court documents, "Taylor laughed in his face and said, 'What do you want me to do?'"
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On Feb. 10, 2023, Deuce Benjamin reported assaults against him to New Mexico State University Police. NMSU Police issued a report listing possible criminal charges of false imprisonment, criminal sexual contact and harassment. The matter is still under investigation by law enforcement.
Benjamin was a target of abuse by the same three teammates, according to the complaint, which began in the summer of 2022 and escalated until February 2023.
"The coaches and staff often showed up late to practice and did little to supervise. At times, some were around when the attacks were going on and they did nothing to look into what was happening nor to stop it," the lawsuit alleged.
"The attacks usually happened in the locker room before workouts or before practices. Aiken, Bradley and Washington would prey on Deuce, hold him down, pull his shorts down and expose his bare buttocks. They would slap his buttocks and grab his scrotum and twist it, inflicting great pain.
The lawsuit also alleged Benjamin suffered mental abuse.
In one incident outlined in the lawsuit, Benjamin was forced to expose himself to a hotel room full of teammates and unknown women while on a road trip for the basketball team.
Deuce resisted, though it is alleged that Washington exposed Deuce’s backside and forcefully grabbed his scrotum, "inflicting great pain and humiliation."
The Benjamins and Odunewu are asking for compensation over damages, as well as punitive damages leveled against NMSU over allegations of negligence.
William Benjamin, a NMSU Hall of Fame player, was a plaintiff due to a damaged relationship with his son.
William Benjamin was concerned about changes he saw in his son and confronted him about it, according to the complaint.
"William was very upset and tried to reach Coach Heiar and Athletic Director Mario (Moccia), who did notreturn his calls," according to the complaint.
There were at least two victims who had reported abuse by December. At least one other player and a member of the staff were subjected to the same or similar treatment from those individual defendants.
Read the entire complaint here:
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on Twitter @jpgroves.
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