SANTA FE, N.M. (AP) — Police have charged a 13-year-old with murder, taken an 11-year-old into custody and are continuing to search for a 15-year-old in the apparently deliberate hit-and-run of a bicyclist in Albuquerque that was recorded on video inside a stolen car last year.
The detained 13-year-old boy is believed to be the driver of the car involved in the May 2024 hit-and-run that killed 63-year-old physicist Scott Dwight Habermehl while he was biking to his job at Sandia National Laboratories. The other boys are believed to have been passengers.
Video of the crash was recorded from inside the car and circulated on social media. It was reported to authorities by people including a middle school principal after a student flagged it.
A portion of the video, ending just before impact, was released by police Tuesday. It shows the car accelerating as the flashing tail light of a bicycle becomes visible. A voice believed to be the 15-year-old’s says, “Just bump him, brah.â€
According to police, the driver asks, “Like bump him?â€
A passenger says, “Yeah, just bump him. Go like … 15 … 20.â€
The car veers into a marked, dedicated bike lane. Loud sounds can then be heard in the full recording, including “metal flexing,†according to law enforcement.
The 13-year-old and 15-year-old have been charged with an open count of murder, conspiracy to commit murder, leaving the scene of an accident involving great bodily harm or death and unlawful possession of a handgun by a person, police said in a statement.
The 11-year-old will be put in the custody of the state's Children, Youth & Families Department and evaluated. A little over a week after the fatal crash, police had arrested him on an unrelated felony warrant, according to law enforcement.
Detectives are working with prosecutors and state social workers to determine what charges can be brought against an 11-year-old and whether he might be detained. For youths 13 or under, juvenile courts adjudicate charges with a maximum sentence to juvenile detention ending at age 21. Children ages 11 and younger can’t be held at a juvenile detention center.
The Associated Press doesn’t typically name people under 18 accused of a crime. Michael Rosenfield, a publicly appointed attorney for the 13-year-old defendant, declined to comment on the case ahead of an initial meeting with the boy.
Under New Mexico law, teenagers ages 15 to 18 — and 14 in some instances after evaluation — can be tried in adult court only for first-degree murder after a grand jury indictment. Authorities can pursue adult sentencing in juvenile court for several serious crimes, said Dennica Torres, district defender for Law Offices of the Public Defender.
A similar case involving teenage boys who allegedly recorded themselves who ended up dying happened in Las Vegas in 2023.
State legislators in New Mexico have advanced a bill with House approval that would slightly expand the share of juvenile cases that carry the potential for adult sentencing. Time is running short for the state Senate to vet the bill and vote on it before the Legislature adjourns Saturday at noon.
Democratic Gov. Michelle Lujan Grisham said in a statement that she was horrified by video of the collision — and “appalled†by inaction by legislators on juvenile justice reform proposals.
