Teen charged in connection to deadly UNM shooting granted pretrial release

ALBUQUERQUE, N.M. — 19-year-old Eli-Sha Upshaw, who played a role in the deadly shooting on UNM’s campus in November, will be getting out of jail before the holidays.

In his detention hearing, a judge released Upshaw with very similar conditions as Jonathan Smith, another one of the four UNM students involved in the deadly shooting.

Upshaw, who is no longer enrolled at UNM, will head to his mother’s home in Maryland. He is facing two counts of aggravated battery, among other charges.

Prosecutors said Upshaw is the student in this video who hit NMSU basketball player Mike Peake multiple times with a baseball bat. Prosecutors said it was revenge for a fight at the NMSU football game in Las Cruces that motivated a group of UNM students to ambush Peake.

Prosecutors only mentioned Peake and UNM student Brandon Travis involved in the fight. Travis was later shot and killed by Peake during the ambush on UNM’s campus.

Upshaw is the third UNM student to face charges tied to the shooting.

“I have been able to negotiate a plea deal with Jonathan Smith, he is going to be agreeing to testify against Mr. Upshaw,” said Christine Jablonsky, state prosecutor.

A bat is considered a deadly weapon by police. However, the judge granted Upshaw pretrial release due to his clean record.

Upshaw’s defense said he a young man of high character.

“That has led to him coming to the point of exploring out of state and really came to New Mexico, thinking that this was one good place he might be able to walk onto the football team,” said Jason Alarid, Upshaw’s lawyer.