EL PASO, Texas (KTSM) — After receiving a conditional probation sentence for his involvement in the assault of former New Mexico State University basketball player Mike Peake in November 2022, Eli-Sha Upshaw will face prison time after all.
According to court records, Upshaw was arrested in Gaithersburg, Maryland, on July 19, just days after his conditional probation terms on the assault that resulted in the death of Brandon Travis were finalized and filed with the court.
He’s now charged with first-degree assault, second-degree assault, reckless endangerment, handgun on a person, and false imprisonment. He’s facing up to 45 years in prison for the charges out of Maryland.
In November 2022, NMSU basketball player Peake was lured to the University of New Mexico campus by Upshaw, Jonathan Smith, and Brandon Travis with the help of 17-year-old Mya Hill in retaliation for a fight that broke out at a football game at NMSU months before the fatal shooting.
During the assault, Upshaw hit Peake with a bat. Peake fled with Travis following, firing gunshots at him. Peake returned fire, killing Travis.
Upshaw was given a conditional sentence of 4 1/2 years of supervised probation by 2nd Judicial Judge Brit Bacca-Miller on June 25. The state was asking for three years of jail time. Court records show the judge agreed to allow Upshaw to serve his probation in his home state of Maryland. He was ordered to stay employed, not carry a gun, and have no new offenses.
On July 19, Upshaw was arrested by Gaithersburg Police after he allegedly assaulted a man with a gun. According to the statement of charges, Upshaw met with a man to obtain money from a possible stolen debit card. The alleged victim picked Upshaw up near his apartment and began driving. During the drive, Upshaw allegedly pulled out a gun and pointed it at the man, telling him to “keep driving.”
The alleged victim lost control of his car and crashed into a parked truck, where he told officers Upshaw began physically fighting with him and struck him in the back of the head with a handgun. A second suspect arrived on foot and also started physically assaulting the victim before saying, “She set you up!” The alleged victim said once the assault was over, the pair ran through a cut-through area of a nearby apartment complex.
Upshaw was identified through his Instagram account, where he’d been communicating with the alleged victim.
Jail records show Upshaw was extradited to Albuquerque on Nov. 11 and will face arraignment on Dec. 11 for the probation violation.
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