ALBUQUERQUE, N.M. – A local family is learning the death of a loved one in 2024 was not an accident.

Cyclist Scott Habermehl was killed in a fatal hit-and-run May 2024. Since then, everyone believed it was an accident. But police recently arrested a 13-year-old who is now charged with his murder, and he is not the only young teen involved.

Albuquerque police say an 11-year-old, a 13-year-old and 15-year-old planned to hit Habermehl on his way to work.

“These children are murderers, and they need to be in custody,” said Mayor Tim Keller. 

Keller called the tragedy senseless and horrific Tuesday. Police initially thought this was a fatal hit-and-run accident in northeast Albuquerque, but video shows it was not. 

Albuquerque police were tipped off about the video in February 2024. 

“Our digital intelligence team worked with homicide detectives and identified all three subjects that were in the car that were planning to run over the cyclist on purpose, and then actually hit him and then fled around the corner literally laughing about what they had just done as they fled,” said APD Commander Kyle Hartsock. 

Recently, APD arrested 13-year-old Johnathan Overbay and charged 16-year-old William Garcia. Both are facing several charges, including murder.

On Tuesday evening, police say 11-year-old Messiah Hayes was taken into custody for his role.

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

APD Chief Harold Medina says their hands are tied with the 11-year-old who’s seen waving a gun around in the video.

“There’s basically legislation that prevents us from being able to charge this individual for a crime and booked into a facility,” said Medina. 

Adding, they’ve had run-ins with these kids before. In 2024, the 11-year-old and Overbay had their phones searched by APD in connection to another criminal case. 

Keller says it’s another example of the system failing. 

“The bottom line is there’s so many cracks these kids fell through at every step of the way. They’ve only been on Earth for 11 years, think about what’s happened to them in that span to now be a runaway and be in that situation,” Keller said. 

Gov. Michelle Lujan Grisham issued the following statement:

“I am horrified by the video footage of this brazen, heartless killing involving three juveniles—ages 11, 13, and 15—who targeted an innocent cyclist. This case is an appalling and heartbreaking reminder of the serious juvenile crime crisis we face in New Mexico––and our lack of tools to properly address it. I extend my deepest condolences to the friends, family and coworkers of the victim, Scott Dwight Habermehl. 

Such senseless violence could be prevented if we had proper laws in place to detain repeat juvenile offenders and provide appropriate interventions.

I am appalled that with less than a week remaining in the legislative session, lawmakers have not passed any substantive legislation to deal with juvenile crime. I call on every New Mexican to contact their legislators immediately and demand that they act with urgency to provide our communities with the tools they need to address juvenile crime. Their refusal to seriously debate these issues during the 60-day legislative session is unacceptable when lives are at stake.”