A look at the criminal history of 11-year-old, teen in custody for cyclist’s death

ALBUQUERQUE, N.M. — KOB 4 is digging into the criminal history of an 11-year-old and a 13-year-old in custody for a hit-and-run crash that killed a cyclist last year.

Albuquerque police said Tuesday they took the 11-year-old into custody. They identified him as Messiah Hayes. Hayes is one of three people police connected to the May 29 crash that killed Scott Dwight Habermehl while he was on his way to work. They are accused of posting a video to social media that allegedly shows the boys doing it on purpose.

According to APD, Hayes has an extensive criminal history. On Tuesday, they connected him to a series of crimes including shooting, burglary and more. 

In June, APD reported two northeast heights neighborhoods saw crime go down after they arrested an 11-year-old – identified Tuesday as Hayes.

APD alleges Hayes is part of the same group that rammed a car into a convenience store on Indian School Road on May 17. The group is accused of stealing beer, cigarettes and other alcohol and causing over $15,000 in damage.

According to APD, Hayes appeared to be using a camera or phone to record the incident.

Police arrested Hayes on June 7 for most of those crimes. KOB 4 reported on June 11 that he was still in custody, according to Bernalillo County District Attorney Sam Bregman. However, it’s unclear where he was between June 11 and Tuesday, when he was taken into custody again.

KOB 4 learned more about 13-year-old Johnathan Overbay after obtaining his juvenile records. Those records show he allegedly committed other crimes the same day as the deadly hit-and-run crash.

From April 27 to May 29, Overbay allegedly committed several crimes. Police said he broke into Osuna Elementary School on April 27. They charged him with multiple crimes, including breaking and entering and damage to property.

Ultimately, he pleaded guilty to one charge and received one year probation.

Then, 13 days later, on May 2, police say he stole a car. Court documents show this crime is lumped together with other alleged crimes from May 12 and the day of the crash.

On May 12, police said Overbay assaulted four people. Then, on the day of the crash, police said he also shot from a car toward a building.

From there, an order of release was filed in August for Overbay. Juvenile court seals some records and we don’t know why he was released.