ALBUQUERQUE, N.M. — KOB 4 is digging into criminal histories after an 11-year-old, 13-year-old and a 15-year-old were charged in a fatal hit-and-run crash.

On Tuesday, Albuquerque police say they placed the 11-year-old into custody. They identified him as Messiah Hayes.

May 29, 2024 police thought a fatal hit-and-run was an accident. Now they say video evidence shows three boys did it on purpose, recorded a video of the act and even posted it on social media.

Albuquerque police identified the boys as Johnathan Overbay, William Garcia and Messiah Hayes. Overbay was 12-years-old at the time, and Garcia was 15 at the time. 

Police say Overbay was driving, Hayes was in the front passenger seat with a gun, and Garcia was recording. Overbay was arrested and charged Monday, APD is still looking for 16-year-old William Garcia.

11-year-old Messiah Hayes has an extensive criminal history. On Tuesday, APD connected him to a series of crimes including shooting, burglary and more. 

June 2024, APD sent out a release saying a Northeast Heights neighborhood saw crime go down after an 11-year-old was arrested. Tuesday, they said that 11-year-old is Messiah Hayes.

Police also say he’s part of the same group of boys who rammed a car into a convenience store on Indian School Road and stole beer, cigarettes and other alcohol on May 17, 2024. The damage came out to over $15,000. APD says Hayes appeared to be using a camera or phone to record the incident.

Hayes was arrested June 7 for the majority of those crimes, police connected him to the fatal hit-and-run just Monday. From a KOB 4 report on June 11, 2024, he was still in custody per Bernalillo County District Attorney Sam Bregman. But from June 11 up until he was back in custody Tuesday, we don’t know where the 11-year-old was.

KOB4 is also learning more about 13-year-old Johnathan Overbay after obtaining his juvenile records. According to those records, he allegedly committed other crimes the same day police say he hit and killed Scott Dwight Habermehl.

Starting from April 27 to May 29, 2024, Overbay allegedly committed several crimes. Police say April 27, 2024 he broke into Osuna Elementary School. They charged him with multiple crimes including breaking and entering, damage to property and more. But ultimately, he pleaded guilty to one charge and received one year probation.

Just 13 days later, on May 2, police say he stole a car. In the court documents, this crime is lumped together with crimes from May 12 and May 29. May 12, police say he assaulted four people. 

May 29th, the same day as the fatal hit-and-run, police say Overbay also shot from a car and shot at a building. From there, an order of release is filed for Overbay August 2024. With juvenile court, some records are sealed. As of now, we don’t know why Overbay was released.