Eli-sha Upshaw is accused of being the one on surveillance video carrying a bat and hitting Peake several times in the knees.
Police said after the shooting, Upshaw and Jonathan Smith fled the scene, broke into Coronado Hall, and changed clothes before throwing them in a ravine.
Thursday, the state asked a judge to hold Upshaw behind bars until trial.
The state argued that, while Upshaw doesn’t have a criminal history, he willingly participated in a plot for revenge with Brandon Travis which stemmed from a fight at a Lobos-Aggie game. The game was in October, and the fight was between Travis and Peake.
The defense argued the only people identifying Upshaw as the person with the bat were Smith and Mya Hill, and that can’t be determined from the security footage alone.
They also pointed to Upshaw’s lack of criminal history and good standing at UNM before the incident.
Ultimately, Judge Bruce Fox sided with the defense and denied the state’s motion. Upshaw will be released to his mother in Maryland.