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One University of New Mexico freshman involved in the deadly shootout on campus over the weekend will be allowed to live with his mother in Texas pending trial and another might soon be released on GPS monitoring.
Neither Jonathan Smith, 19, nor Mya Hill, 17, fired a gun during the shooting that left 19-year-old Brandon Travis dead and 21-year-old Mike Peake injured, according to a criminal complaint filed in Metropolitan Court.
Police say the group of UNM freshmen hatched a plan for Hill to lure Peake – a New Mexico State University basketball player – to campus so they could get revenge after they were beaten up during a fight at the Aggies-Lobos football game the previous month.
When Peake arrived, the group confronted him and Travis ended up shooting at Peake several times before Peake returned fire, killing Travis, according to the complaint. Peake was struck in the leg and is now in stable condition.
Smith was arrested Monday and is charged with aggravated battery, conspiracy and tampering with evidence, all felonies. Prosecutors had asked for him to be held in jail until his trial but that motion was denied.
Instead, Smith will be living with his mother in Plano, Texas, according to his conditions of release. He has also been ordered not to leave the house between 6 p.m. and 8 a.m., not to have any contact with other witnesses in the case and to maintain employment or participation in an educational program.
His attorney did not respond to requests for comment.
Hill was arrested Saturday night and charged with aggravated battery and conspiracy in children’s court. Her detention hearing was held Tuesday.
Kari Morrissey, Hill’s attorney, said she had asked for Hill to be released on GPS ankle monitor and the community custody program is evaluating the issue.
“That will give her an opportunity to prove to the court and the District Attorney’s Office that she can follow all of the conditions and comply,” Morrissey said. “Now based on what I know about her history and family it’s my expectation that she will be accepted onto the CCP program.”
She said if Hill is released on a GPS monitor she will not be living on campus.
Both Hill and Smith are still enrolled at UNM, according to a university spokeswoman.