New Mexico State great William Benjamin involved in lawsuit due to damaged relationship with son

Benjamin attorney represented late New Mexico State coach Neil McCarthy in lawsuit vs. school

Jason Groves
Las Cruces Sun-News
New Mexico State basketball star William Benjamin (left) hugs his son, Duece Benjamin (right), at Pan American Center on Tuesday, April 26, 2022. Duece will join New Mexico State’s basketball team next spring, following his father’s footsteps.

LAS CRUCES - Deuce Benjamin was a legacy player at New Mexico State, who described his one year in the Aggies basketball program as a "nightmare" that resulted in his decision to enter the transfer portal on Tuesday.

A day later, Benjamin, former teammate Shakiru Odunewu, and Benjamin's father William Benjamin, sued the Board of Regents, former head coach Greg Heiar, former assistant coach Dominique Taylor and former players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr., alleging sexual assault, negligence, battery and false imprisonment.

William Benjamin is a plaintiff in the lawsuit, citing a damaged relationship with his son.

More:Lawsuit filed against NMSU alleges sexual assault of two Aggies basketball players

William Benjamin was a Hall of Fame player for the Aggies program with two degrees from NMSU, but, he said, his relationship with his alma mater is secondary to his relationship with his son.

"I have had a great experience and met great people at that university outside of basketball, but I'm a parent first," Benjamin said. "My first priority as a parent is to protect my children. Thank God that Deuce had the courage to tell me what has been happening. From there, it's not about anything else than protecting your children, so I acted on that."

On Feb. 10, 2023, Deuce Benjamin reported assaults against him to New Mexico State University Police. 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. Benjamin cooperated with law enforcement as criminal charges against the individuals involved remains a possibility as the district attorney has forwarded the case to the Attorney General's Office.

The Aggies' season was cancelled and Heiar was fired for cause on Feb. 14 amid allegations of what the school called hazing at the time.

William Benjamin said that his son has undergone counseling and hopes to continue his basketball career next season.

"To go through and experience what he did during his first year of college is devastating," Benjamin said. "Not only for him, but for his sisters, his family in California. Slowly but surely, he is starting to feel comfortable about who he is but it's been a process. As a father I have to be sensitive to that and there is no rush to all of a sudden bounce back."

Benjamin’s attorney represented Neil McCarthy in 1990s lawsuit against NMSU

William Benjamin was inducted to the New Mexico State University Athletics Hall of Fame in 2022.

He played on an Aggies team that reached the Sweet 16 under head coach Neil McCarthy. Benjamin is a teacher at Las Cruces High School and head coach of the Bulldawgs basketball team, but he never lost touch with the Aggies late head coach Neil McCarthy.

Benjamin’s attorney, Joleen Youngers, represented McCarthy in a 1999 breach of contract lawsuit against New Mexico State. McCarthy settled his lawsuit against the university for $835,000.

“It was very hard fought for at least 18 months and then the case was settled at that time," Youngers said.

McCarthy's tenure at New Mexico State from 1985 to 1997 will be remembered for producing the second best record in the history of the program. However, 22 of his 248 wins and the team’s 1992 Sweet 16 appearance were vacated by the NCAA for academic fraud. 

McCarthy was fired in 1997 but not before a contract dispute that resulted in a lawsuit.

Youngers said the scope of the Benjamins' lawsuit could broaden over time. She said there is still an ongoing Title IX investigation, as well as other documents she has requested.

"Under New Mexico law, when you sue an institution of higher learning that is a state school, you have to do it via suing the Board of Regents," Youngers said. "Is there potential that the lawsuit will change, will we learn more and we could name others or could change the claims? That is always the case. We are operating with the information and knowledge we have now."

Youngers finds herself once again involved in a lawsuit against New Mexico State University representing an Aggies Hall of Famer.

“I got to know Neil very well and have tremendous respect for who he was and what he did with his players and how much he cared about them," Youngers said. "One for which he expressed particular fondness was William Benjamin … It's kind of coming full circle for me doing this case."

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on Twitter @jpgroves.