FILED

3rd JUDICIAL DISTRICT COURT

Dona Ana County
STATE OF NEW MEXICO 4/19/2023 10:27 AM
COUNTY OF DOÑA ANA DAVID S. BORUNDA
THIRD JUDICIAL DISTRICT COURT CLERK OF THE COURT
Becky Rodriguez

WILLIAM “DEUCE” BENJAMIN JR.,

WILLIAM BENJAMIN,
and SHAKIRU ODUNEWU,

Plaintiffs,
No. D-307-CV-2023-00911
Fitch, Casey B.
v. Judge

BOARD OF REGENTS OF NEW MEXICO

STATE UNIVERSITY, GREG HEIAR,
DOMINIQUE TAYLOR, KIM AIKEN, JR.,
DOCTOR BRADLEY, and
DESHAWNDRE WASHINGTON,

Defendants.

COMPLAINT

Plaintiffs William Benjamin, William “Deuce” Benjamin Jr., and Shakiru Odunewu

appear, by and through their respective counsel, and for their Complaint, state:

Preliminary Statement

Student athletes, like others on college campuses, have the right to be free from

harmful and offensive contact by others, including intentional conduct anticipated to cause

physical harm, humiliation and emotional distress. Slapping a label of hazing on such

behavior mischaracterizes the seriousness of the harmful conduct and attempts to

minimize it while implying a justification as a rite of passage that will ultimately allow

membership in an elite group, and further, implies the harm may be the price of admission.

When the behavior goes too far, and crosses the line into nonconsensual touching,

it is not mere hazing; it is battery and sexual assault. When the behavior continues for

months, it cannot be viewed as an initiation rite; instead, it is harassment and abuse. And
when coaches and universities do not take adequate action to prevent or stop such

behavior, they have failed their student athletes and are complicit in the abuse.

It was just such behavior that caused the filing of this lawsuit, the firing of a coach,

and the mid-season shutdown of New Mexico State University’s successful Division 1

basketball program. The victims in this case seek to right the wrong, and speak out not

only for their own benefit, but to help put an end to such needless and harmful behavior

in collegiate athletics.

The Parties, Jurisdiction and Venue

1. Plaintiff William “Deuce” Benjamin Jr. resides in Las Cruces, Doña Ana County,

New Mexico. He is a student at New Mexico State University (“NMSU”). He was

a member of the NMSU basketball team during the 2022-2023 academic year.

2. Plaintiff William Benjamin resides in Las Cruces, Doña Ana County, New

Mexico. He is the father of Deuce Benjamin and a former NMSU basketball

player.

3. Plaintiff Shakiru “Shak” Odunewu also currently resides in Las Cruces, Doña

Ana County, New Mexico. He was a member of the NMSU basketball team

during the 2022-2023 academic year.

4. Defendant Board of Regents of New Mexico State University (“Defendant

NMSU” or “NMSU”) is a body corporate, established pursuant to the laws of the

State of New Mexico, which operates New Mexico State University and is

authorized to sue and be sued in its capacity as operator of the university.

NMSU’s main campus and sports facilities are in Las Cruces, New Mexico.

2|Complaint
5. At the time of the events giving rise to the lawsuit, Defendant Greg Heiar was

Head Coach of the NMSU Basketball team. He then resided in Las Cruces,

Doña Ana County, New Mexico.

6. At all times material to the claims alleged in this lawsuit, Defendant Greg Heiar

(“Heiar” or “Coach Heiar”) acted within the course and scope of his employment

with NMSU.

7. At the time of the events giving rise to the lawsuit, Defendant Dominique Taylor

was Associate Head Coach of the NMSU Basketball team and resided in Las

Cruces, Doña Ana County, New Mexico.

8. At all times material to the claims alleged in this lawsuit, Defendant Dominique

Taylor (“Taylor”) acted within the course and scope of his employment with

NMSU.

9. At the time of the events giving rise to the lawsuit, Defendants Kim Aiken, Jr.

(“Aiken”), Doctor Bradley (“Bradley”) and Deshawndre Washington

(“Washington”) were players on the NMSU Basketball team who resided in Las

Cruces. They received full-ride athletic scholarships, to include not only tuition

and books, but also room and board. Beyond tuition, books, room and board,

Deshawndre Washington received $5,000 per month in NIL payments and

Doctor Bradley received $3,500 in NIL payments. All of these monies were paid

to each Defendant contingent on their agreement to play on the NMSU men’s

basketball team.

10. At all times material to the claims alleged in this lawsuit, Defendants Aiken,

Bradley and Washington acted within the course and scope of their appointment

and contract relationship with NMSU as scholarship athletes, as well as their

3|Complaint
 agency or employment with NMSU. There was a connection between their

actions at the time of the incidents complained of herein and their role on the

men’s basketball team.

11. Most of the events alleged in this Complaint occurred in Doña Ana County, New

Mexico.

12. Immunity has been waived pursuant to NMSA 1978, Section 41-4-6 of the New

Mexico Tort Claims Act for the negligence claim against Defendant NMSU.

13. NMSU received timely notice of this negligence claim under the New Mexico

Tort Claims Act pursuant to NMSA 1978, Section 41-4-16 (2007).

14. NMSU is vicariously liable for the acts and omissions of all individual Defendants

and are jointly and severally liable for the actions of all Defendants.

15. Jurisdiction and venue are proper with this Court.

Background Facts

NMSU Basketball Program

16. For decades, the NMSU Division 1 men’s basketball team has brought the

community of Las Cruces to campus and has put NMSU on the national map.

Many in the loyal fan base share the dreams of NMSU Aggie success in post-

season tournament play. Their dreams are not far-fetched. Aggie basketball has

had some great runs. The team has made 25 NCAA Tournament appearances

and 5 NIT Tournament appearances.

17. Despite the program’s successes, it has not been easy to attract talent to play

basketball at NMSU. While it has a loyal fan base, NMSU is not known to be a

top-tier university with a top-tier basketball program. NMSU is not located in an

urban area or destination city that has nation-wide appeal and visibility. Over
4|Complaint
 the years, NMSU has accepted some players with problems of one type or

another, typically either academic difficulties or run-ins with the law. The very

best players, with impeccable credentials, typically go to highest of the top-tier

schools.

18. In 2019, NMSU repealed its policy on student athlete misconduct – a policy that

was more stringent than the policies that govern all students on campus. Since

that time, a student-athlete accused of criminal misconduct is investigated by

the Office of Dean of Students, just like any other student. If a student athlete

is charged with or convicted of a crime, his or her coach may issue discipline or

the coach may wait for the school to act. The timing of the policy repeal

coincided with former Aggie guard Terrell Brown’s no contest plea in 2019 to a

2017 felony charge. Before the policy change, the policy mandated that any

student athlete “shall be dismissed permanently from his or her team if he or

she is convicted, pleads guilty, or pleads no contest to any felony charges.”

Because of the policy change, Brown was allowed to continue to play for the

NMMSU men’s basketball team. And recruiting a player with a criminal history

became less concerning.

19. From his hire in 2017 until he left in 2022, the Aggie basketball team was led by

Coach Chris Jans. During those years, the men’s basketball program did well,

with Coach Jans taking the Aggies to the NCAA tournament in 2022, for the

third time in five seasons. While there, No. 12 New Mexico State upset No. 5

UConn in the first round. Following that big win, Coach Jans accepted a new

coaching position at a different university.

5|Complaint
20. Within eight days of the announcement of Chris Jans’ departure, Greg Heiar

was brought on as the new head coach for the Aggies.

21. Prior to coming to NMSU, Greg Heiar had been the head coach at Northwest

Florida State College, a junior college that accepts 100% of applicants and that

has a reputation of accepting basketball players who have problems being

accepted elsewhere, despite what may be exemplary athletic skills. Defendant

Deshawndre Washington was a highly successful player for Greg Heiar in his

last year of coaching at Northwest Florida State College. Heiar brought

Washington to NMSU to play for the NMSU Aggies.

22. Coach Heiar also recruited Defendants Kim Aiken, Jr. and Doctor Bradley to

play for the NMSU Aggies. Aiken left the University of Arizona under suspicious

circumstances and was not eligible to play for the Aggies. Despite the attempts

of NMSU and Heiar to obtain an eligibility waiver that would allow Aiken to play,

the NCAA denied the waiver request. NMSU and Heiar planned to continue to

seek eligibility for Aiken.

23. In less than one season under Coach Heiar’s leadership, the NMSU basketball

program went rapidly downhill, plagued by player misconduct and scandal.

NMSU abruptly shut down its men’s basketball program on February 10, 2023

due to the events giving rise to this case. Coach Heiar was fired on February

14, 2023. The rest of the games for the season were cancelled, later deemed

forfeited, leaving the team at the bottom of the same conference where they

stayed at or near the top the prior year.

24. On February 12, 2023, NMSU Chancellor Dan Arvizu stated that NMSU has

over 400 student athletes and that the safety of students is NMSU’s top priority.
6|Complaint
 He further stated that the NMSU men’s basketball program has been infected

with a culture of bad behavior, to include egregious violations of the student

Code of Conduct and “other despicable acts.”

William Benjamin

25. William Benjamin was a legendary player for NMSU in the late 80s and early

90s, when the NMSU men’s basketball team, under the tutelage of Coach Neil

McCarthy, dominated the Big West, second only to UNLV. Every year Benjamin

played for NMSU, the Aggies were fiercely competitive and known to be among

the top teams in the nation. The Aggies went to the NIT in 1989, followed by

three straight years at the NCAA tournament, including a Sweet Sixteen

appearance.

26. William Benjamin is known to be an Aggie great. In 2007, he was one of 21 men

named to the NMSU All-Century Team, and in 2022, he was inducted into the

New Mexico State Athletics Hall of Fame.

27. While originally from Los Angeles, Benjamin stayed in Las Cruces and made

the community his home and the place where he has raised his three children,

including his son, William Jr., known as Deuce.

28. In the years since he played ball for the Aggies, Benjamin maintained his ties

and loyalty to NMSU and the surrounding community. Prior to the events giving

rise to this case, he had been known to say that 70% of the man he has become

he owes to that university and 30% to his family.

29. In 1997, Benjamin began teaching at Las Cruces High School (LCHS) and

signed on as the assistant basketball coach. He became head coach in May of

2009. During his time as LCHS head coach, he has twice been voted NMPreps
7|Complaint
 Coach of the Year. In 2020, he was named Coach of the Year by the New

Mexico High School Coaches Association.

30. William Benjamin has lead the LCHS team to eight district championships, a

pair of state championships, and three runner-up finishes. In 2022, LCHS was

recognized by MaxPreps as the number-one basketball program in the state.

31. As LCHS head coach, Benjamin coached his son, Deuce. The father-son pair

have been devoted to basketball and studied the game together for years.

Basketball has always been a significant part of their relationship and their

identities as individuals. They lived and breathed Aggie basketball. Benjamin

instilled in his son a love for the sport and for the Aggie basketball program.

William “Deuce” Benjamin Jr.

32. Like his father before him, Deuce Benjamin is an accomplished athlete and

skilled basketball player. He averaged nearly 26 points, 7 assists, and over 5

rebounds per game while playing for LCHS in 2022.

33. Unlike his father, Deuce Benjamin grew up in Las Cruces, New Mexico. He was

a ball boy for the Aggies while in middle school. He graduated from LCHS in

2022, after winning the MaxPreps New Mexico Boys Basketball Player of the

Year in 2021 and 2022. He was also named the Gatorade New Mexico Boys

Player of the Year in 2021. His led his team to a 102-6 record, with one state

championship and twice finishing as state runner-up.

34. In 2022, NMSU Coach Chris Jans offered Deuce Benjamin a place on the team

and a full-ride scholarship. When Jans left, Coach Greg Heiar extended the

same offer.

8|Complaint
35. The loyal NMSU fan base was delighted when Deuce Benjamin signed to play

for the Aggies. His father was excited and proud that his young son, Deuce,

would continue the NMSU basketball legacy and make it his own. Deuce was

a great draw for the Aggies because of his talent on the court, his history and

his engaging personality. He was viewed as a hometown son who would be a

great Aggie.

Shakiru “Shak” Odunewu

36. Shak Odunewu is a tall young man of Nigerian descent. He was born in

Providence, Rhode Island, and lived there for years with his parents and

siblings. His parents eventually separated, and he moved with his mother to

Texas.

37. Shak Odunewu feels compelled to succeed. He was raised within the Muslim

faith. As he pursued his goal of playing college basketball, he leaned on his

faith-based values. He worked hard academically and on the court. He took care

of his body by avoiding alcohol and drugs, and he strove to be kind to others,

which meant that he did not express aggression outside of the bounds of healthy

athletic competition.

38. Shak attended high school at Universal Academy in Irving, Texas, where he

was coached by Terrelle Woody. Coach Woody worked with Shak to improve

his grades and fine-tune his skills to play basketball as a forward. Shak took

extra courses to improve his academic foundation and bring up his grades.

39. Coach Woody knew NMSU basketball Coach Chris Jans and NMSU’s history

and success. NMSU and Coach Jans appeared to be a good fit for Shak

Odunewu and he agreed to go there. He attended NMSU in the 2021/2022

9|Complaint
 academic year. He sat out that year, but he began to make friends as he

became acquainted with the basketball team

40. When Coach Jans left, Coach Heiar took over and re-recruited Shak Odunewu,

through Coach Woody. Shak was comfortable at NMSU and looked forward to

playing there in 2022/2023, so he decided to stay. Shak was offered and

accepted a full ride athletic scholarship to NMSU, which paid his tuition and fees

in the amount of $25,666, room and board of $9,884, and all of his books, for a

total award package worth in excess of $36,000.

41. Shak Odunewu is a quiet man who does not drink, smoke or party. He and his

family are devout members of the Muslim faith. He lives his life in a principled

manner.

Hazing and Sexual Assault on College Campuses

42. Hazing in various forms and different degrees of severity is all too common in

collegiate athletic programs. According the research group StopHazing, a 2008

study found that seventy-four percent of student athletes experience at least

one form of hazing while in college.

43. Rape and sexual assault are also all too common on college campuses. A study

of the Association of American Universities revealed that thirteen percent of all

college students experience rape or sexual assault. Men comprise nearly seven

percent of the college students who have reported nonconsensual sexual

contact.

44. NMSU Chancellor Dan Arvizu issued a written statement that included the

following remarks:

10 | C o m p l a i n t
 Hazing is a despicable act. It humiliates and degrades someone and has the
potential to cause physical and emotional harm, or even death. Sadly, hazing
can become part of an organization’s culture, if left unchecked.

That is precisely what happened in the NMSU men’s basketball program.

Events Giving Rise to This Lawsuit

The Humiliation of Shak Odunewu

45. On August 4, 2021, Shak committed to play for NMSU Aggie Men’s Basketball.

During the 2021 to 2022 season, he was not yet on scholarship. He remained

on the bench while he focused primarily on his schoolwork.

46. On July 23, 2022, the NMSU Department of Athletics offered Shak a full ride

athletic scholarship, and he accepted. Shak understood that he would gradually

be taken off the bench and begin to play, and he frequently practiced with his

teammates to prepare for the upcoming season.

47. Beginning in the summer of 2022, three of Shak’s teammates—Deshawndre

Washington, Doctor Bradley, and Kim Aiken, Jr.—began to degrade Shak

through unwanted touching and cruel comments in the locker room.

48. The team’s behavior on the road and in the locker room was often out of control

and rarely, if ever, addressed or limited by the coaching staff. Aiken, Bradley

and Washington were frequently inappropriate, disrespectful, degrading and

violent toward their fellow team members, particularly those who were quieter

and less accustomed to a rough environment.

49. Shak Odunewu tried to keep his distance from the other members of the team,

particularly those who engaged in rough, violent, and degrading behavior.

50. On one occasion during the summer of 2022, Shak was taking a shower in the

Aggie locker room, when Doctor Bradley, and Kim Aiken, Jr. ripped the shower
11 | C o m p l a i n t
 curtain aside. They forced Shak to spin around and do squats as they slapped

his buttocks. Doctor Bradley filmed the episode.

51. Shak was traumatized by the event. From that point on, after practices, Shak

tried to be the first person in the locker room so that he could get out before

Aiken, Bradley and Washington came in. He could not always avoid them.

52. The abusive behavior of Aiken, Bradley and Washington toward Shak Odunewu

and other players escalated from July of 2022 into the basketball season. On

multiple occasions while in the locker room and on road trips, Shak was the

victim of unwanted physical and sexual contact, accompanied by degrading

remarks and taunts.

53. The worst occurred on November 12, 2022, when Shak Odunewu traveled with

the team and coaching staff to play the University of Texas at El Paso’s Don

Haskins Center.

54. During the bus ride on November 12, 2022, Kim Aiken, Jr., Doctor Bradley, and

Deshawndre Washington converged on Shak Odunewu. Deshawndre

Washington asked Shak Odunewu, “Are you humble?”

55. Shak tried to maintain his dignity and remained silent. Washington called on

Doctor Bradley and Kim Aiken to repeat his question. They did so in a serious,

menacing tone. Washington then aggressively said, “Shak, are you fucking

humble?”

56. Deshawndre Washington, Doctor Bradley, and Kim Aiken, Jr. tackled Shak onto

the floor in the back of the bus. Aiken and Bradley pinned him down and pulled

his pants and underwear down to his ankles. Shak was held face down and

could not speak due to a hand held over his mouth by one of the three. He was
12 | C o m p l a i n t
 terrified. They slapped his bare buttocks and he felt fingers inserted into his

anus while his scrotum was simultaneously squeezed. Despite his efforts to

resist, Aiken, Bradley and Washington were all large men and all on him. He

could not get away. He was forced to endure the painful and humiliating

experience as it continued for an indeterminable amount of time.

57. No one did anything to stop the attack. His teammates were afraid to come to

his aid.

58. Head Coach Greg Heier and the rest of the NMSU Aggie men’s basketball

coaching staff were on the bus and were in charge of the players. Instead of

supervising the players, they sat toward the front, focused on their phones or

tablets. In response to the assault taking place, one of the coaches turned

around and yelled out, “Stop playing around.”

59. Mortified about how he had been victimized, Shak told his former coach, Terrelle

Woody, what had happened. Coach Woody insisted that he report it to the

NMSU coaching staff, and he did a few days later.

60. Shak Odunewu reached out and reported to both Head Coach Greg Heier and

Associate Coach Dominique Taylor.

61. Shak approached Coach Dominique Taylor and pleaded with him to intervene.

Taylor laughed in his face and said, “What do you want me to do?”

62. Shak discussed what had happened three times with Coach Heiar, once with

Coach Woody on the phone. Woody angrily confronted Heiar with what had

been going on and demanded that Heiar do something. Heiar said that he was

looking into it and would be issuing some suspensions.

13 | C o m p l a i n t
63. None of the three players, Kim Aiken, Jr., Doctor Bradley, and Deshawndre

Washington, were suspended.

64. Shak Odunewu came to understand that Head Coach Heier and his staff were

unwilling to address the team’s toxic culture.

The Degradation of Deuce Benjamin

65. As a hometown hero, Deuce received warm attention from local fans. Similar

support was not made apparent by the basketball team, where many of his

fellow players, and even coaches, treated him as if he were merely the local kid

and not a skilled and talented player with stats that were comparable to or better

than many others on the team. After receiving little opportunity to play in the

games, he elected to go on “red shirt” status, allowing him to have another year

of eligibility.

66. Deuce Benjamin was another frequent target of the trio of Aiken, Bradley, and

Washington starting in the summer of 2022, continuing and escalating into

February, 2023.

67. The coaches and staff often showed up late to practice and did little to

supervise. At times, some were around when the attacks were going on and

they did nothing to look into what was happening nor to stop it.

68. The attacks usually happened in the locker room before workouts or before

practices. Aiken, Bradley and Washington would prey on Deuce, hold him down,

pull his shorts down and expose his bare buttocks. They would slap his buttocks

and grab his scrotum and twist it, inflicting great pain.

69. As the three physically abused and imprisoned Deuce, they also mentally

abused him. They would badger him by asking, “Are you humble?” and “Are you
14 | C o m p l a i n t
 a humble bitch?” and would not back off until they felt they had some kind of

assent or had sufficiently degraded Deuce. The more he resisted, the worse it

was.

70. Deuce had never seen or experienced such behavior in a locker room. Initially

he thought that perhaps it was part of being a new player on the team, although

he found it shameful and humiliating. It became clear that it was far more than

a rite of initiation when the attacks did not stop and even escalated.

71. Deuce Benjamin was unable to defend himself against Aiken, Bradley and

Washington. Not only was Deuce outnumbered, but all three predators were

either 6’7” or 6’8” and each had at least 30-40 pounds on him.

72. The attacks and degradation occurred not only in the NMSU locker room, but

also while on the road. A particularly embarrassing and humiliating incident

occurred while the team was staying at a hotel for a road game. Deuce was

pulled into a hotel room where some players were with some young women.

Washington told Deuce in front of the women to “pull your ass out.” He then

stated “This is what we do for freshmen, pull your ass out.” Deuce resisted,

saying, “No, no way.” Washington warned “Do it or I grab your nuts.” He

exposed Deuce’s backside and forcefully grabbed his scrotum, inflicting great

pain and humiliation. All of this occurred in front of the women, which only added

to Duece’s degradation.

73. Deuce struggled to handle his classes and continue to be part of the team. The

attacks happened frequently, and he lived in fear of the next one. While he never

consented, he felt powerless to stop it. He was treated in a manner contrary to

15 | C o m p l a i n t
 all he had previously experienced in athletics and in school. He was degraded,

humiliated and beaten down by the experience.

74. Deuce’s father, William, was concerned about the changes he saw in his

formerly confident and focused son. After William confronted him, Deuce finally

broke down and told him what had been going on. William was very upset and

tried to reach Coach Heiar and Athletic Director Mario Mocchia, who did not

return his calls.

75. On February 10, 2023, Deuce Benjamin reported what had occurred to the

NMSU Police. The NMSU Police issued a report listing possible criminal

charges of false imprisonment, criminal sexual contact and harassment. The

matter is still under investigation by law enforcement.

The Downward Spiral of the NMSU Basketball Program

76. Shak and Deuce were not the only victims of Kim Aiken, Jr., Doctor Bradley and

Deshawndre Washington. At least one other player and a member of the staff

were subjected to the same or similar treatment from those individual

Defendants. On information and belief, at least one report was made to NMSU

about the victimization of one of the young men near the time when the team

had played in Las Vegas after Thanksgiving.

77. By the end of November or first week of December, 2022, there were at least

two victims who reported abuse perpetrated on them by Aiken, Bradley and

Washington. Yet the behavior continued.

78. By doing nothing, the Coach Heiar and his staff emboldened and empowered

Aiken, Bradley and Washington, giving them substantial power over their

16 | C o m p l a i n t
 teammates. That power was used to commit acts of sexual assault and battery

against Shak Odunewu, Deuce Benjamin and others.

79. Coach Heiar did little if anything to address the reports of abuse. Between

Shak’s first report and his last, the team and coaching staff faced other serious

problems related to basketball team members that arose on November 19,

2022, when the NMSU men’s basketball team was in Albuquerque to play its

northern rival, the University of New Mexico (UNM). While there, starting

forward Mike Peake was involved in a shooting on the UNM campus. It is said

that he acted in self defense.

80. After the incident, investigators reported that coaches and staffers were found

to have multiple pieces of potential evidence from the shooting, including a cell

phone, tablet and the gun. The media reports that the police told Heiar and his

assistants that they needed all of that evidence and asked to be alerted if they

found any. The police also asked to speak with three NMSU players who were

with Peake. Despite that, Coach Heiar instructed the players to leave town on

the bus and return to the NMSU campus. Only after the bus was stopped by

police at a rest area north of Truth or Consequences, with lights blazing and

sirens screaming, did an assistant coach turn over the bloodied tablet. The

phone was later found at the Las Cruces home of Senior Associate Athletic

Director Ed Posaski, who had been on the bus. The gun was left at the hotel in

Albuquerque with Assistant Coach Dominique Taylor.

81. This series of events not only points to a lack of supervision over the players,

but also appears to indicate that the coaching staff was assisting the players in

covering up bad behavior and thwarting police efforts.

17 | C o m p l a i n t
82. At a press conference on November 29, 2022, Coach Heiar apologized and

reported that he took full responsibility for what happened, but declined to say

anything more.

83. The NMSU basketball team faced a shortage of players. Mike Peake was

suspended indefinitely for his role in the shooting. Three other players were

suspended after the surveillance video was released by State Police.

84. NMSU hired a law firm to conduct an external investigation to review the

November 19 shooting and the university’s response to it.

85. By February 8, 2023, NMSU’s basketball team had dropped to 9 wins and 15

losses for the season, with only 2 wins out of 10 games in the Western Athletic

Conference (WAC).

NMSU Shuts Down the Basketball Program and Fires Coach Heiar

86. After Deuce Benjamin reported what had happened to the NMSU police

department on February 10, 2023, his report came to the attention of Chancellor

Dan Arvizu and Athletic Director Mario Moccia. On February 10, 2023, NMSU

shut down the men’s basketball program indefinitely. A few days later, on

February 12, 2023, Chancellor Dan Arvizu announced that the men’s basketball

program was suspending operations for the rest of the season. A press

conference was held and some of what had happened was divulged. A copy of

the police report was provided to the media later in the day, with the names of

the victim and the three perpetrators blacked out.

87. During press interviews, NMSU announced that it was hiring yet another law

firm to conduct another internal investigation, this time to address the reports of

abusive behavior in the men’s basketball program. A woman came to Shak

18 | C o m p l a i n t
 Odunewu’s apartment to question him. He told her about the abuse he

experienced at the hands of the Washington, Aiken and Bradley. He also told

her that he had previously reported the incident to the coaching staff, including

former Coach Heiar. To date, Deuce Benjamin has not been questioned by

NMSU’s internal investigators.

88. On March 1, 2023, the NMSU men’s basketball program began to have

voluntary workouts with former Aggie Casey Owns, who also consulted with

players. Neither Deuce Benjamin nor Shak Odunew were invited to the join the

voluntary workouts.

89. On March 15, 2023, the law firm investigating matters related to the November

19, 2022 shooting issued an Executive Summary. While multiple basketball

coaches and players refused to be interviewed or were reported to be

unavailable, or both, recommendations for changes to NMSU policy and control

of its student athletes were issued, based on the information that had been

obtained. Recommendations included:

A. Tighter policies and enforcement of team curfew rules;

B. A tighter weapon policy that applies to student athletes and coaches,

prohibiting possession of weapons and firearms while traveling for team

events or representing NMSU;

C. Developing a policy for communicating and cooperating with Law

Enforcement regarding potential criminal activity of a student athlete;

D. Implementing measures to strengthen a culture that encourages student

adherence to integrity and values of the programs at all times; and

E. Revision of NMSU Student Athlete Handbook.

19 | C o m p l a i n t
90. In late March, 2023, NMSU hired a new basketball coach, Jason Hooten. He

publicly declared that “A new culture needs to be built, and a new start and a

new beginning.” That new beginning will not include William “Deuce” Benjamin,

who was told by Coach Hooten that he should go elsewhere and make a name

for himself. Nor will the “new culture” at NMSU include Shak Odunewu, who

was ignored by NMSU after the program shut down.

Count I:
Negligence Brought Pursuant to the Tort Claims Act
Plaintiffs Benjamin Jr. and Odunewu vs. Defendants NMSU and Heiar

91. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

92. The acts and omissions giving rise to this Complaint occurred during the

summer and fall months of 2022, carrying into the winter months for Plaintiff

Benjamin.

93. At all times material to the allegations set forth in this lawsuit, Defendants

NMSU, Heiar and Taylor had a duty to operate and maintain the athletic

department so that it would be reasonably safe for its student athletes, to include

the men’s basketball team.

94. At all times material, agents and employees of Defendant NMSU, including

Defendants Heiar and Taylor, were obligated to follow policies and practices

designed to protect students and student athletes from sexual assault, battery,

harassment, bullying and hazing.

95. Defendant NMSU, by and through their agents and employees, including Heiar

and Taylor, had the responsibility of keeping the athletic department and the

men’s basketball program free from sexual assault, battery, harassment,

bullying and hazing.

20 | C o m p l a i n t
96. Defendants NMSU, by and through their agents and employees, including Heiar

and Taylor, had a duty to follow policies necessary to protect student athletes

and to report incidents of sexual assault, battery, harassment, bullying and

hazing that were discovered either by witnessing such conduct or by being told

of it.

97. Agents and employees of Defendant NMSU, Heiar and Taylor knew or should

have known that Defendants Aiken, Bradley and Washington, individually and

acting in concert, created a dangerous condition in the basketball program and

on the premises, and a risk to student athletes and others on its premises and

involved in its basketball program.

98. Agents and employees of Defendant NMSU, Heiar and Taylor were on notice

that Defendant Aiken had prior problems with inappropriate behavior toward

other students.

99. Agents and employees of Defendant NMSU, Heiar and Taylor were on notice

that Defendants Aiken, Bradley and Washington had demonstrated

inappropriate behavior toward others involved in the NMSU basketball program.

The inappropriate and harmful behavior included sexual assault, battery,

harassment, bullying and hazing.

100. Agents and employees of NMSU, Heiar and Taylor did not develop a disciplinary

action plan or supervisory plan to address and prevent the inappropriate and

harmful behavior of Defendants Aiken, Bradley and Washington toward others

participating in the men’s basketball program.

101. Defendants Heiar, Taylor and other staff in the basketball program failed to

report the inappropriate and harmful behavior of Defendants Aiken, Bradley and
21 | C o m p l a i n t
 Washington toward student athletes in the men’s basketball program, to include

their acts of sexual assault, battery, harassment, bullying and hazing.

102. Defendant Heiar, Taylor and other staff in the basketball program failed to take

immediate and effective action to discipline and/or eliminate the inappropriate

and harmful behavior of Aiken, Bradley and Washington perpetrated on student

athletes involved in the men’s basketball program, to include their acts of sexual

assault, battery, harassment, bullying and hazing.

103. The negligent acts and failures to act on the part of Defendants NMSU, Heiar

and Taylor unreasonably endangered the health, safety, and well-being of

Deuce Benjamin and Shak Odunewu.

104. Defendants NMSU, Heiar and Taylor enabled Aiken, Bradley and Washington

to continue inflicting harm on others in the basketball program, including Deuce

Benjamin and Shak Odunewu.

105. Defendants NMSU, Heiar and Taylor breached their duties when they created

an unsafe premises and operated an unsafe program for the basketball players,

including Deuce Benjamin and Shak Odunewu.

106. Defendant NMSU is vicariously liable for the negligent acts and omissions of

Defendants Heiar and Taylor.

107. As a direct and proximate result of the breached duties of Defendants NMSU,

Heiar and Taylor, Plaintiffs sustained damages.

108. In the commission of the acts alleged herein, Defendants Heiar and Taylor acted

recklessly, with deliberate indifference and callous disregard for the safety of

Deuce Benjamin and Shak Odunewu.

22 | C o m p l a i n t
 Count II:
Loss of Consortium Brought Pursuant to the Tort Claims Act
Plaintiff William Benjamin vs. Defendants NMSU and Heiar

109. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

110. Prior to the events giving rise to this case, William Benjamin and his son, Deuce,

enjoyed a very close relationship. William raised Deuce as a single father. They

lived together, they spent considerable time together studying basketball and

engaging in all things basketball, to include the four years William Benjamin

coached his son. The two were far more closely involved with one another than

the average teenager is with his father.

111. New Mexico law allows claims for loss of consortium when a person within a

sufficiently close relationship with another person who suffers an injury, and that

injury results in harm to the relationship. Thompson v. City of Albuquerque,

2017-NMSC-021, ¶ 16, 397 P.2d 1279.

112. Loss of consortium can be asserted against government actors in New Mexico,

provided that the underlying tort that caused injury is based on a waiver of

immunity. Thompson v. City of Albuquerque, 2017-NMSC-021, ¶¶ 9, 10, 397

P.2d 1279. In the present case, the underlying tort for which immunity is waived

is negligence based on a premises liability theory pursuant to Section 41-4-6 of

the Tort Claims Act, as detailed in Count I, above.

113. Loss of consortium damages are derivative in nature because they arise from a

physical injury upon another person. Romero v. Byers, 1994-NMSC-031, ¶ 8,

872 P.2d 840. In this case, Deuce Benjamin was the party who suffered the

original injury, as detailed above.

23 | C o m p l a i n t
114. The same Defendants who caused harm to Deuce Benjamin caused harm to

the relationship between father and son, who were very close and mutually

interdependent. William Benjamin’s relational interest with his son was harmed

by the injury his son sustained due to the wrongful conduct that victimized his

son. This was made worse by the loss of their shared love of the Aggies and

the betrayal that William Benjamin has suffered due to the abuse his son

sustained while at NMSU.

Count III:
Sexual Assault, Battery and False Imprisonment
Plaintiffs Benjamin Jr. and Odunewu vs.
Defendants Aiken, Bradley and Washington

115. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

116. Plaintiffs Deuce Benjamin, Jr. and Shak Odunewu did not consent to being

stripped of their clothing, slapped on their buttocks, nor to the harmful and

offense grabbing and twisting of their scrotums, nor to any other offensive and

invasive behaviors described above and perpetrated on them by Defendants

Aiken, Bradley and Washington.

117. Plaintiff Duece Benjamin and Shak Odunewu were in constant fear of continued

or even worse sexual batteries perpetrated on them.

118. The actions of Defendants Aiken, Bradley and Washington constituted multiple

batteries on Plaintiffs.

119. On multiple occasions, Plaintiffs were also held down and restrained against

their will and imprisoned by Defendants Aiken, Bradley and Washington, which

further contributed to their sense of powerlessness, fear and humiliation.

24 | C o m p l a i n t
120. As a result of the offensive conduct, Plaintiffs suffered pain, humiliation,

degradation and emotional distress.

121. The actions of Defendants Aiken, Bradley and Washington were willful, wanton

and in reckless disregard of Plaintiffs’ rights, thereby justifying an award of

punitive damages to deter each of them and others from engaging in such

harmful and offensive conduct in the future.

Count IV:
Vicarious Liability Under Theory of Aiding in Agency
Plaintiffs Benjamin Jr. and Odunewu vs. Defendant NMSU

122. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

123. Beginning no later than November, 2022, Defendants Heiar and NMSU had

actual knowledge of, and were deliberately indifferent to, the fact that Aiken,

Bradley and Washington were preying on certain members of the basketball

team who were less worldly and more vulnerable to their attacks.

124. Beginning no later than November 15, 2022, Defendant NMSU had actual

knowledge of, and was deliberately indifferent to, the inappropriate harassment,

attacks, sexual assaults and batteries, that Aiken, Bradley and Washington

perpetrated on certain members of the basketball team, to include Deuce

Benjamin and Shak Odunewu.

125. By no later than November 12, 2022, Defendant NMSU, through Coach Heiar

and Assistant Coach Dominique Taylor, had knowledge and notice that Shak

Odunewu was a victim of sexual assault and rape perpetrated on him by Aiken,

Bradley and Washington. Defendant NMSU also was put on notice that Shak

Odunewu was not the only victim and further, that he was battered and sexually

assaulted more than one time, as were others.

25 | C o m p l a i n t
126. Aiken, Bradley and Washington were aided in accomplishing the acts of sexual

assault and battery on Plaintiffs by the existence of the agency relationship with

NMSU and its basketball program, including Heiar and Taylor.

127. By turning a blind eye and a deaf ear to the abuse, Coach Heiar, Associate

Coach Taylor and their staff emboldened and empowered Aiken, Bradley and

Washington, giving them substantial power over their teammates. That power

was used to commit acts of sexual assault and battery by them against Shak

Odunewu, Deuce Benjamin and others.

128. As a direct and proximate result of the acts and omissions of agents and/or

employees of NMSU, including former Coach Heiar and Associate Coach

Taylor, Plaintiffs have been harmed and have suffered serious damages.

129. Defendant NMSU is vicariously liable for Plaintiffs’ damages as a result of

having aided in accomplishing the wrongdoing by the existence of the agency

relationship.

Count V:
Violation of New Mexico Civil Rights Act
Plaintiffs Benjamin Jr. and Odunewu vs. Defendant NMSU

130. Plaintiffs restate all of the preceding allegations as if fully set forth herein.

131. Defendant NMSU is a public body within the meaning of the New Mexico Civil

Rights Act, Section 41-4A-3.

132. At all times material, the individual Defendants were acting on behalf of, under

color of, or within the course and scope of Defendant NMSU, and Defendant

NMSU is liable for their actions pursuant to NMSA Section 41-4A-3(C).

26 | C o m p l a i n t
 133. The batteries and sexual abuses inflicted on Plaintiffs constitute a deprivation

of Plaintiffs’ rights secured under the Constitution of New Mexico, including but

not limited to those secured to Plaintiffs by Article II, Sections 4 and 18.

134. Plaintiffs’ rights under the New Mexico Constitution afford them even greater

protection than their rights under the United Stated Constitution.

135. Plaintiffs have suffered serious harms and losses as a direct result of the

deprivation of their state constitutional rights and these deprivations of rights are

the proximate cause of the serious harms and losses Plaintiffs have sustained.

WHEREFORE, Plaintiffs request Judgment entered in their favor against

Defendants in amounts to reasonably compensate each of them for their damages,

punitive damages against the individuals, costs of suit, pre- and post-judgment interest,

attorneys’ fees, and such other and additional relief as the Court may deem just and

proper.

Respectfully submitted,

ALMANZAR & YOUNGERS, P.A.

/s/ Joleen K. Youngers

___________________________
JOLEEN K. YOUNGERS
PO Box 16089
Las Cruces, NM 88004-6089
(575) 541-8000
505 Cerrillos Road, Suite A104
Santa Fe, NM 87501
t: 505.820.0108
jyoungers@ay-law.com

Attorney for Plaintiffs William “Deuce”

Benjamin Jr. and William Benjamin

27 | C o m p l a i n t
/s/ Mark L. Pickett
___________________________
Mark L. Pickett
The Pickett Law Firm, LLC
PO Box 1239
Las Cruces, NM 88004-1239
t: 575.526.3338
mark@picklawllc.com

Willie L. “Will” Marsaw

JHCM LLP
1910 Pacific Ave. Suite 12050
Dallas, TX 75201-4526
t: 214.799.5522
w.marsaw@hcmlawtx.com

Ramez Shamieh
Myles Lenz
Shamieh Law PLLC
1111 W. Mockingbird Lane
Suite 1160
Dallas, TX 75247
t: 469.813.7332
ramez@shamiehlaw.com
myles@shamiehlaw.com

Attorneys for Plaintiff Shakiru (Shak)

Odunewu

28 | C o m p l a i n t