A 13-year-old boy faces murder charges for allegedly swerving a stolen car to kill a cyclist — a 63-year-old Sandia National Laboratory physicist on his morning bike ride — at the urging of two other boys, one of whom is only 11 years old and was reportedly waving a gun.

According to Albuquerque police, the deadly crash happened around 4:40 a.m. on May 29, 2022, near Moon Street and Atkinson Avenue. Investigators say the 13-year-old intentionally veered off the road and struck the cyclist, identified as 63-year-old Scott Dwight Habermehl, who was riding to work at Sandia.

A chilling video that surfaced on social media last month and was later obtained by police allegedly captures the moments leading to the impact. As the young driver prepared to ram the cyclist, a 15-year-old passenger can be heard saying “Just bump him, brah,” while the 11-year-old front-seat passenger waved a handgun and laughed. Authorities say the 13-year-old accelerated and hit Habermehl, killing him and then fleeing the scene.

Investigators initially struggled to solve the fatal hit-and-run until receiving an anonymous tip and discovering that the suspects’ phones — seized from a separate investigation — contained video evidence. Police later identified the trio as 13-year-old Johnathan Overbay, 15-year-old William Garcia, and an 11-year-old boy who remains unnamed in official reports, though local media identified him as Messiah Hayes.

Overbay was apprehended Monday on charges that include murder, conspiracy to commit murder, leaving the scene of an accident involving great bodily harm or death, and unlawful possession of a handgun. Police continue to search for Garcia, who faces the same charges. The 11-year-old is too young to be charged with murder but remains under investigation for other possible offenses.

Habermehl had worked as a physicist at Sandia National Laboratory for nearly three decades. His family recalled his daily 25-mile bike commute, which he preferred to driving in traffic.

“This case is an appalling and heartbreaking reminder of the serious juvenile crime crisis we face in New Mexico,” Governor Michelle Lujan Grisham said in a statement. “Our lack of tools to properly address it is tragic.”

Overbay has also been linked to other crimes prior to the deadly crash, including assault and breaking and entering, according to local reports. Police say the 11-year-old suspect likewise has a significant criminal history, involving alleged shootings and burglaries.

Charges for the 15-year-old suspect — who is still at large — and the possibility of either juvenile suspect being tried as an adult remain under review. According to the Interstate Commission for Juveniles, children as young as 14 can have their cases transferred to adult court.
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