The lawsuit, filed on behalf of the estate of the late Brandon Travis, seeks to hold New Mexico State University liable for fostering a “culture of violence.” Travis was killed after firing a firearm at a rival athlete – an athlete Travis himself had lured to the University of New Mexico in hopes of exacting “revenge.”
The family of a University of New Mexico basketball player who was shot and killed by an opposing athlete has filed a wrongful death lawsuit against New Mexico State University, its board of directors and several athletic officials.
Accordingly The Santa Fe New MexicanBrandon Travis was a 19-year-old student at the University of New Mexico when he and several friends became involved in an altercation with NMSU athlete Mike Peake outside a dormitory on campus in Albuquerque.
Both Travis and Peake drew their firearms shortly after their encounter and shot each other after Travis’ friends fled. Peake was shot in the leg as he tried to run away, but turned around and shot Travis.
Travis, notices the New Mexicanwas hit by a bullet and pronounced dead at the scene.
The lawsuit was filed on behalf of the estate of the late Travis by his parents, Brenda Ware and Floyd Travis.
The family’s lawyers allege that several of the defendants named in the lawsuit – including New Mexico State University athletic director Mario Moccia, former basketball coach Greg Heiar and then-assistant coach Dominique Taylor – “were aware of and actively encouraged the NMSU players’ possession and use of weapons,” which violated state law and campus policies.
Police reports indicate that Travis staged the confrontation by asking a University of New Mexico student to “lure” Peake to campus.
Although Peake believed he was meeting the woman for a sexual encounter, he also took a firearm, which defendant and former NMSU assistant coach Dominique Taylor allegedly hid after the shooting.
“The defendants’ negligent acts and omissions unreasonably endangered the health, safety and welfare of defendant Brandon Travis and ultimately resulted in his untimely death,” the lawsuit states.
“New Mexico State University took its wide-ranging institutional failings out on the students of our state’s two largest universities, resulting in a preventable tragedy. Brandon Travis and his family were victims of these failings,” attorney Ryan Sanders told KTSM-9. “Due to NMSU’s policies and by developing and fostering what NMSU calls a ‘culture of bad behavior,’ NMSU basketball players were enabled to tragically take Brandon’s life on November 19, 2022 in a preventable act of gun violence.”
“The Travis family wants to hold NMSU accountable for its institutional failures, including the toxic, violent culture tolerated by its administrators that led to Brandon’s preventable and tragic death,” Sanders said.
KTSM-9 points out that Travis’ friends have since been convicted on various charges.
Peake, however, was never charged with a crime.
Sources
California family files lawsuit against NMSU
Family of UNM student killed in campus shooting sues NMSU and coach
UNM student’s estate files wrongful death lawsuit against NMSU
