ALBUQUERQUE, N.M. (KRQE) – Editor’s Note: The contents of this story may be disturbing to some.

A 13-year-old has been charged with murder after police said he crashed a stolen car into a bicyclist in 2024. On Tuesday, the Albuquerque Public Department released a cell phone video of the crime posted to social media which helped solve the case. “This is another example of what we’re dealing with as law enforcement with these younger and younger kids that are getting involved in serious crimes,” said Albuquerque Police Chief Harold Medina at a press conference on Tuesday.

On Monday, APD arrested 13-year-old Johnathan Overbay, accused of intentionally crashing a stolen car into 63-year-old Scott Habermehl, who was riding his bicycle to work at Sandia National Laboratories on May 29, 2024.

A 15-year-old, William Garcia, and an 11-year-old who hasn’t been named, are also accused of being in the car at the time. After closing the case, originally thinking it was an accident, detectives learned of a video posted on social media, taken inside the car.

The video police said shows the crash was intentional. “Just bump him. Bump him? Yeah, just bump him. Go like 15,20,” said the back passenger and driver in the video. Police believe Overbay was driving while Garcia was in the back seat. The video shows the 11-year-old in the passenger seat waving a gun and laughing.  

According to police, the boys struck Habermehl on a bike lane in a neighborhood near Constitution Ave. and Wyoming Blvd. The video police released stops just before impact.

Detectives are searching for Garcia and the 11-year-old and have urged them to turn themselves in. The 11-year-old is too young to be charged with murder, but APD said they are working with the Bernalillo County District Attorney’s Office and New Mexico Children, Youth, and Families Department to see what charges he could face.

Overbay was arrested for murder, leaving the scene of an accident, and other charges. Garcia is also facing the same charges.

The stunning arrest and development in the case comes amid the Bernalillo County District Attorney’s push for updates to the Children’s Code to help crack down on juvenile crime. It’s a sentiment the Albuquerque mayor echoed at a press conference on Tuesday.

“This is why we have continued to say that our juvenile justice system is in desperate, desperate need of help,” said Albuquerque Mayor Tim Keller.

House Bill 134, which had a number of the DA’s proposed changes to the Children’s Code failed to move through the Roundhouse earlier this month. In a 4-2 vote along party lines, the House Consumer and Public Affairs Committee voted to table the bill.

“Seeing the video was extremely disturbing and hearing about it unfortunately wasn’t surprising because it’s been happening more and more and the juveniles have been getting younger and younger,” said Rep. Nicole Chavez (R-Albuwuerque).

She was one of the sponsors for bipartisan HB 134. She said one of the changes would’ve allowed minors to be charged with vehicular homicide, which may have applied to this case. She called its failure to move forward “frustrating.” “People don’t understand that this is what juveniles are doing now and they do not think they’re going to have any consequences,” she said.

Meanwhile, Democratic lawmakers say there are still bills up for consideration that would take a systematic approach to the issue.

“It is not normal for an 11-year-old to do what we saw today in that video. We must do better. That is why we are fixing CYFD and I urge the governor and I urge the executive branch to take the work that we’ve done into account to ensure that this does not happen again,” said Speaker of the House Javier Martinez (D-Albuquerque).

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.

Governor Michelle Lujan Grisham