NMSU releases findings from investigation into UNM shooting involving former athlete
LAS CRUCES, N.M. (KFOX14/CBS4) — New Mexico State University on Thursday released its findings from the Rodey Law Firm investigation into a deadly shooting involving a former men's basketball team player.
The findings from the Rodey Law Firm investigation revealed that NMSU did not fail to "meet its legal obligations in managing its student athletes."
It also stated that NMSU did not violate NCAA or WAC rules.
"It is our understanding that neither the NCAA nor the WAC has indicated that NMSU’s conduct in connection with the incident violated NCAA or WAC governing rules. After performing independent research, we also did not identify any such violations of NCAA or WAC rules," an executive summary from the law firm read.
NMSU hired the Rodey law firm in December to conduct a third-party investigation relating to the Nov. 19 early morning assault and subsequent shooting involving former NMSU basketball player Michael Peake and several University of New Mexico students.
According to the arrest affidavit, 19-year-old Brandon Travis conspired with two other University of New Mexico (UNM) students, 19-year-old Jonathan Smith, 19-year-old Eli-sha Upshaw, and a 17-year-old girl to lure Peake onto campus.
Security camera footage showed one individual, Travis, pointing a gun at Peake as the other two men were near Peake.
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One of the men was seen on video hitting Peake with a bat before Peake runs toward the parking lot.
Peake pulled out a weapon and fired it at Travis as he was running from Travis, who was shooting at Peake.
Travis died as a result of injuries.
After the shooting, Peake met with teammates Issa Muhammad, Anthony Roy and Avery, and placed his gun and an e-tablet in the trunk of a car.
Later in the morning, Coach Greg Heiar told police he wanted to check with the school's athletic department to see if his players need attorneys before speaking with the police.
About an hour and a half later, NMSU players boarded a bus to head back to Las Cruces.
Police later met up with the bus to recover Peake's e-tablet from NMSU assistant Lorenzo Jenkins.
The gun used by Peake in the shooting was recovered at the hotel the team was staying at.
Assistant coach Dominique Taylor told police Muhammad, Avery and Roy told Heiar where the gun was, and Heiar called Taylor and told him to retrieve the gun in a hotel room.
Police later retrieved Peake's cell phone at the home of NMSU administrator Ed Posaski in Las Cruces.
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Rodey Law Firm's recommendations for NMSU
Rodey Law Firm issued the following recommendations to NMSU about how they could adjust their policy and protocols following the shooting.
Team curfews:
"Colleges and universities handle student athlete curfews and punishment for violations of curfews in different ways. Some may not require any curfews and some may have very strict curfews. This often depends on the program, the team sport or the coach. Many colleges and universities leave the issue of curfews to each coach to manage."
"Nevertheless, because so many players on the NMSU basketball team broke curfew on the night of the shooting incident, and in fact were out of their hotel rooms well after curfew, we recommend that NMSU consider developing a policy that addresses the adoption and enforcement of team curfews during out-of-town travel and the related expectations of NMSU student athletes. The policy should make clear to student athletes the importance of following team curfew rules and the importance of holding themselves out as student ambassadors consistent with NMSU values. NMSU should train all coaches and student athletes as to these expectations."
Weapons policy:
"NMSU should consider adopting and implementing a more detailed weapons policy that specifically prohibits the possession of any weapon or firearm by any student athlete while traveling for team events or while engaging in any activity where the student athlete is representing NMSU. NMSU should train all coaches and student athletes as to the same."
Communication with law enforcement:
"Although very rare, there are times when coaches or other NMSU staff will be contacted by law enforcement with respect to potential criminal activity involving a student athlete, whether that student athlete is traveling with the team or otherwise engaged in an activity representing NMSU. NMSU should develop a policy to address the process and procedure for coaches with respect to communicating with law enforcement, particularly when they are involved in out-of-town travel. Such a policy should include identification of the person or person’s responsible for such communication, and all coaches and other staff should be trained as to the same."
Strengthening institutional culture within NMSU athletic programs:
"NMSU should implement measures to strengthen a culture that encourages student athletes to adhere to the integrity and values of NMSU at all times, not just during travel."
University oversight regarding student athletes:
"NMSU should consider adopting a policy that sets forth (1) how and when information regarding misconduct by a student athlete should be shared among and between various stakeholders within the University and (2) how NMSU will coordinate with coaches or others in the Athletic Department to impose appropriate discipline if the University becomes aware that a student athlete has engaged in conduct that is inappropriate, violates the NMSU Student Code of Conduct or violates the NMSU Student Athlete Handbook."
NMSU Student Athlete Handbook:
"We recommend that NMSU revise its Student Athlete Handbook to be consistent with the above recommendations once they are implemented."
The executive summary said some individuals refused to be interviewed for the investigation.
"Several witnesses, including multiple basketball coaches and players, who were contacted either refused to be interviewed for this investigation or were otherwise unavailable, or both."
NMSU Chancellor Dan Arvizu sent a letter to the campus community on Thursday announcing the findings of the investigation.
"We said from the beginning, if this review highlights opportunities for improvement, we will pursue those. While the report did not identify any failure by the university to meet its legal obligations, we now know we have areas that can be strengthened. We will soon announce a task force that will work closely with the administration and the Board of Regents to address these recommendations," Arvizu stated.
The deadly shooting occurred on the UNM campus in Albuquerque several weeks after Peake and other NMSU student-athletes were involved in a fight at the UNM and NMSU football game in Las Cruces on Oct. 15, according to police reports.
NMSU previously said Rodey Law Firm's review of events would be separate from the legal investigation being led by New Mexico State Police.
Meanwhile, a separate law firm, Greenberg Traurig, was also hired to investigate hazing allegations made against players on the NMSU men's basketball team.
The university decided to suspend the men's basketball program on Feb. 12 after hazing allegations were made on Feb. 10.
Arvizu also fired head coach Greg Heiar without severance.
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NOTE: Some information from the Associated Press was used in this report.
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