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Third boy arrested in death of bicyclist in NE ABQ; alleged driver charged with 1st-degree murder
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A third boy accused of fatally striking a bicyclist with a stolen car in Northeast Albuquerque last year was arrested Wednesday.
William Garcia, 16, is charged with an open count of murder, leaving the scene of an accident resulting in death and unlawful possession of a handgun in the May 29, 2024, death of Scott Habermehl, 63.
Albuquerque Police Department spokesperson Gilbert Gallegos said he could not comment on how Garcia was found, “but detectives conducted surveillance and arrested him without incident.”
On Wednesday afternoon, 2nd Judicial District Attorney’s Office spokesperson Nancy Laflin said in a news release that the alleged driver, Johnathan Overbay, 13, is facing the same charges as Garcia.
Garcia and Overbay, who was arrested Monday, are being held at the Juvenile Detention Center.
Messiah Hayes, 11, was arrested Tuesday and is in the custody of the New Mexico Children, Youth and Families Department. Laflin said Hayes will face murder charges in Habermehl’s death.
“New Mexico law prevents a child under 12 years old from being detained in a juvenile facility,” she said, “but a child of that age can be charged with murder.”
Police said at about 4:40 a.m. Habermehl was biking to work when three boys in a stolen vehicle recorded a video while deliberating whether to hit the cyclist.
On Moon NE, near Constitution, the car swerved to hit Habermehl, who then rolled on top of the car and fell to the ground, Gallegos said. The stolen vehicle was found abandoned after the crash.
