Ex-NMSU basketball player Deshawndre Washington's lawyer calls se*ual assault allegations “horseplay”

On February 17, 2025, during a news conference in Las Cruces, New Mexico, The Law Office of Michael E. Cain rejected the criminal charges against their client, Deshawndre Washington. Defense attorney David Mestemaker described the se*ual assault allegations in the New Mexico State University hazing case as mere "horseplay." The statement comes as the legal team prepares for a high-profile trial amid growing attention around the university's hazing scandal.

The defense team representing former New Mexico State University basketball player Deshawndre Washington, who faces se*ual assault charges connected to the 2023 hazing scandal, insists the allegations are baseless. At a press conference Monday, attorneys Michael E. Cain and David Mestemaker from The Law Office of Michael E. Cain LLC argued that the incident was not se*ual assault but locker room horseplay.
"Have we forgotten about horseplay? Have we forgotten about what people do in locker rooms in competitive sports — team sports? I submit to you that we have, and that's how this case came about," Mestemaker said during Monday's news conference.

He added, "We look forward to trying the case and exonerating our client who has a bright future in the NBA, once he is acquitted of these charges. I believe justice will be done."
Reportedly, Washington faces 15 charges, including criminal se*ual penetration and false imprisonment which stemmed from a hazing incident that led to the cancellation of New Mexico State University's 2022-2023 basketball season. The charges are part of a larger scandal that created a shockwave in the university’s athletic program.
A New Mexico Department of Justice report revealed that NMSU created a "toxic locker room culture," where serious assault claims were ignored. The report showed multiple failures by the university to address allegations of misconduct within the basketball team.

The controversy came to light following reports of Washington, along with two other players, is accused of subjecting teammates to a so-called "humbling" ritual. This process allegedly involved forcing players to exercise while exposing their private parts or tackling them to squeeze their genitalia. These disturbing actions are at the center of the hazing allegations that have shocked the NMSU basketball program.
Mestemaker has downplayed the incident calling it "a bunch of teenage boys playing around, doing stupid stuff, no harm intended." He further stated that the victims were “participants” of the harrowing ritual. “They did their own shenanigans in the locker room, which there are videotapes," he added.
Mestemaker also defended the NMSU sharing that the institution has been closely investigating the incident, "The sensitivity stops pretty much-- in my opinion-- at the locker room door. If you're an athlete, you're going to do stuff as athletes do with your teammates."
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In 2023, NMSU agreed to an $8 million settlement with former players William Benjamin Jr. and Shak Odunewu. The settlement came after the two players accused their teammates of se*ual assault.
Mestemaker stated that Washington's trial is scheduled for April 14, 2025.