UNM shooting plot suspect’s case sent back to original judge

ALBUQUERQUE, N.M. — A mistaken court filing led to a UNM deadly shooting plot suspect’s case getting sent back to the original judge Tuesday.

Eli’Sha Upshaw appeared by phone but didn’t speak during Tuesday’s virtual hearing. However, Upshaw’s attorney accused prosecutors of improperly linking his case to Jonathan Smith’s case and “judge-shopping.”

Prosecutors argued miscommunication led to the mistaken court filing. They say Smith has a plea deal so the cases couldn’t be combined anyway.

Judge Cindy Leos agreed there was an error and ordered the cases to be separated. Judge Leos also ordered the case be moved back to Judge Britt Baca-Miller, who originally heard the case.

Upshaw is out of jail and living with his mother in Maryland. Smith is also out of jail and living with his mother in Texas.