ALBUQUERQUE, N.M. (KRQE) – The 13-year-old charged with murder, accused of hitting and killing a bicyclist for fun, is staying in jail.

On Wednesday in court, the Bernalillo County District Attorney’s office said Johnathan Overbay is a danger to the public and the community should be disgusted with not only his behavior but every juvenile in that car. “The juveniles were determined to have swapped vehicles and continued on with their lives. In fact, the video was shown to other kids around the school that alone is highly concerning to the state,” said Deputy District Attorney Bridget McKenney.

Investigators said Overbay alongside 11-year-old Messiah Hayes and 15-year-old William Garcia took a video back in May, showing them laughing and talking about bumping the bicyclist ahead of them in a bike lane. That cyclist, Scott Habermehl, died from his injuries.

Prosecutors shared images of the car after the crash. A family member was too upset to appear at the hearing but prosecutors shared a letter that said this tragedy has caused irreparable harm to Habermehl’s family.

Overbay’s attorney argued this incident happened nearly ten months ago and ever since, Overbay was placed on probation for a different crime in December he’s made great strides. “I understand there was one positive for cannabis but other than that he was following all of the requirements made of him he signed up to take classes in violence,” said Michael Rosenfield, defense attorney.

Judge Catherine Begaye agreed with prosecutors, opting to keep Overbay in custody.

Albuquerque Public Schools did confirm Wednesday that Overbay and William Garcia are both APS students. 11-year-old Hayes is not enrolled within the district.

Wednesday afternoon, Albuquerque police announced they arrested Garcia, the third and final suspect.