The family of Arizona State University hockey player Matthew Mayich has formally requested that the Maricopa County Attorney’s Office conduct a criminal investigation into his catastrophic brain injury, which resulted from an exertional heatstroke during an Aug. 20 outdoor team workout. Attorney Robert B. Carey argues the university police lack the necessary independence.
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The Push for Independent Prosecution
The legal representation for 21-year-old Matthew Mayich took direct action following the release of an internal review by Arizona State University. In a letter addressed to Maricopa County Attorney Rachel Mitchell, attorney Robert B. Carey of the Hagens Berman Sobol Shapiro law firm laid out clear arguments against relying solely on the Arizona State University Police Department (ASUPD) to handle the criminal inquiry.
Carey noted that while ASUPD officers operate in good faith, the department fundamentally answers to the same university administration whose athletic department, coaching staff, and outside instructors are the primary subjects of the inquiry. According to reports from KTAR News 92.3 FM and AZFamily, the MCAO confirmed receipt of the request and stated the matter is currently under review.
“I am not writing to tell your office what to charge. That is your judgment, and I recognize that the line between a civil wrong and a criminal one is drawn by the mental state of the people involved, not by the severity of the result. But the result here is about as severe as it gets short of death,” Carey wrote in the correspondence.
Disputed Protocols and Military-Style Demands
The core of the legal dispute centers on the nature of the Aug. 20 workout—the opening day of a scheduled three-day team-building event. According to the university’s internal report, the session featured calisthenics, bodyweight movements like push-ups and planks, and running at Sun Angel Stadium. Environmental conditions during the session saw outdoor temperatures range from 86ºF to 89ºF with a relative humidity between 51% and 46%.
However, the family’s legal team disputes several key characterizations in the internal report. Carey asserts that the workout was led not by vetted university strength and conditioning coaches, but by an external instructor with a military background. Players reportedly endured a punishing regimen featuring sprints, planks, push-ups, and bear crawls while shouting counts back to the instructor.
Crucially, the family’s legal filings allege that players who fell behind or miscounted were subjected to extra physical punishment. Carey claims participants were only provided a single water break across an hour-and-a-half period, and that Mayich received no water at all before collapsing near the end of the session. The situation was allegedly exacerbated by the choice of turf flooring, which retains extreme heat.
| Incident Metric | University Report Findings | Family Legal Claims |
|---|---|---|
| Workout Supervisor | Team-building session staff | Unvetted outside military instructor |
| Hydration Access | Multiple breaks provided, ice used | One break total; Mayich received none |
| Cooling Protocols | Ice towels and water applied on site | Lack of required cold immersion tub |
Securing Critical Evidence at Risk
Beyond the immediate medical tragedy, the family’s legal team has urged the Maricopa County Attorney’s Office to immediately secure perishable digital and physical evidence. Carey’s letter outlines several specific items that prosecutors should safeguard independently of the university’s internal mechanisms:
- The consultant request form and associated compliance system records.
- The exact workout plan and all internal communications regarding the training session.
- Photographs and video footage captured at Sun Angel Stadium.
- Digital communications, text messages, and social media logs shared between players and staff.
- Athletic training logs, environmental data for Aug. 20, and the attending athletic trainer’s treatment notes.
- Emergency response dispatch records.
Mayich, a native of Stoney Creek, Ontario, was selected by the St. Louis Blues in the sixth round of the 2023 NHL Draft. After spending his freshman collegiate season playing for Clarkson University in New York, he transferred to Arizona State during the offseason to continue his development.
The Road Ahead for Sun Devil Hockey
As Matthew Mayich remains hospitalized following what his attorneys describe as a catastrophic and irreversible brain injury, the questions facing Arizona State University extend far beyond standard athletic performance.
