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University of New Mexico football recruit Ervin "Una" Smiley expected to have answers by now.

Smiley already should have undergone surgery on his right leg, a procedure that will determine whether he can ever walk normally again.

He suffered four gunshot wounds that severed a nerve in his right leg during an official recruiting visit to UNM in December.

Instead of focusing on his recovery, Smiley is stuck battling red tape.

"The doctors who already were supposed to do my surgery won't call me back even though they promised I would have the surgery already," he said in a phone interview with The Tribune from his home in San Diego.

"I did get a call back from the nerve specialist who was working with me and helping me get set up for the surgery. They wanted to know who was going to pay my medical bills. I can only assume the doctors doing the surgery are waiting to find out how they are getting paid before they do anything else."

Smiley said UNM football coaches assured him the school will pay for all his medical expenses.

"I told the coaches what was going on and they promised they'd take care of everything," Smiley said. "I still believe them, but it's really hard because I expected to have the surgery already and figure out whether I'd ever get a chance to play again."

The waiting game has added insult to the injuries he suffered during the nearly fatal trip to Albuquerque that still haunts him.

Smiley and three UNM players hosting his visit got into an argument with two men as they were leaving the Spearmint Rhino Gentleman's Club, 1645 University Blvd. N.E., around 2 a.m. Dec. 9.

Erminio Gonzalez, 26, has been charged with firing 17 bullets at the athletes as they fled the strip club parking lot.

Gonzalez was indicted by a grand jury Monday on 34 felony charges ranging from attempted murder to tampering with evidence, Albuquerque police spokesman John Walsh said.

The case is being handled by the Bernalillo County District Attorney's Office's gang division, a nod to the lengthy criminal past Gonzalez has racked up in his young life.

He has been charged with aggravated battery, auto theft, marijuana possession, robbery and larceny dating back to when Gonzalez was 16 years old.

In addition to the felony charges related to the shooting, Gonzalez violated his probation by entering the strip club.

He was arrested during a sweep by the multi-agency fugitive task force for a separate probation violation Dec. 22. Gonzalez was interviewed by police following his arrest and charged in connection with the shooting.

He has been held without bail at the Metropolitan Detention Center since his arrest last month.

"I'm really grateful they found the guy," Smiley said. "I thought he was going to kill me. I just hope he's man enough to step up and accept the punishment for what he did to me."

Janice Smiley, Una's mother, said in a phone interview with The Tribune from her home in Honolulu she is relieved Gonzalez was indicted.

"I am glad he was arrested and can't hurt anyone else," Janice Smiley said. "I don't know what is wrong with him that he would decide it was OK to shoot someone. I hope he finds God and understands he can't go around hurting people."

Una Smiley continues to decline to talk about why he joined UNM football players Clayton Cardenas, Justin Clayton and Michael Tuohy, who decided to violate UNM policy and went to the strip club.

The officer interviewing him at UNM Hospital following the shooting said Smiley, who is 20 years old, appeared to be intoxicated, according to a police report.

Smiley's interviews with police centered and statements relayed to the grand jury solely related to the barrage of bullets Gonzalez is accused of firing at the group.

It is still unclear what sparked the argument that led to the shooting.

"I have to get through this and make sure my medical expenses are taken care of and that I can play football again somewhere before I say anything about what happened that night," Smiley said.

Janice Smiley said the family was not planning to file a lawsuit against UNM as long his medical expenses and education were covered by the school.

"We don't want to sue them, but if they don't end up paying for the medical bills and rehabilitation, I think we have to do it," she said.

The news has not been all bad for Una Smiley.

He has two bullets lodged in his left leg, but it is healing, and the swelling is down in his right leg that suffered severe nerve damage. Smiley is now out of a wheelchair and walks with the help of a cane.

"I still can't feel anything in my right foot and walk with a pretty bad limp because I have to drag that foot behind me," Smiley said. "But I'm not in as much pain as I was before. I've gotten used to the pain and it's manageable now."

Smiley said he felt trapped in his wheelchair and suffered nightmares and night sweats.

Now that he has regained some mobility, Smiley said he is sleeping well through the night.

He said he is trying to remain optimistic about his chances to make a full recovery and play football, a sport that saved him from a troubled childhood as a juvenile delinquent.

Smiley is slated to start the spring semester at Palomar College, a junior college where his football skills drew interest from schools including Oregon State, San Diego State and UNM.

He needs to complete five courses in which he took incomplete grades and another two classes to graduate on time to transfer to another school.

"I'm still hoping I can get past this and play football at Oregon State," Smiley said. "That's where I was leaning toward going before all this happened, but now I can't really lean toward anywhere. All the teams except New Mexico are waiting to see what happens with my surgery. New Mexico promised I could go there no matter what, but it would be really hard to go back after everything that happened.

"My future depends on that surgery. And there's nothing I can do to make it happen any faster."