Arrest warrant had been issued for 11-year-old before deadly hit-and-run, police say

By T.J. Wilham

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    ALBUQUERQUE, New Mexico (KOAT) — Albuquerque police officers were searching for an 11-year-old boy at the time he and two teenagers intentionally ran over a man who was riding his bike to work, court records show.

It was a crime that was captured on video and shared on social media.

The incident resulted in the death of Scott Dwight Habermehl, 63, who was cycling to his job at Sandia Labs when he was struck.

Now, Target 7 has learned that Albuquerque Police Department (APD) had just issued a warrant for Messiah Hayes just days just days before the killing.

Disturbing Video Surfaces

A video posted online shows the moments leading up to the deadly hit-and-run. Hayes was sitting on the front passenger seat and showed a gun to the camera.

The footage captures the voices of the suspects inside the vehicle, with one encouraging the driver to “just bump him” while laughing. Moments later, the suspect vehicle slams into Habermehl, killing him.

Prosecutors described the case as “disturbing”, with Assistant District Attorney Bridget McKenney nearly in tears while addressing the court.

“I don’t know a better word than ‘callous behavior’ for what we’ve seen,” McKenney said. “You can hear the impact of the victim slamming into the windshield.”

Two of the suspects, 13-year-old Johnathan Overbay and 15-year-old William Garcia – are facing murder charges, while authorities say additional charges are pending for Hayes.

APD Was Watching the Youngest Suspect

APD Chief Harold Medina said his department had been trying to apprehend Hayes for weeks before the killing.

“He was involved in crime, including aggravated assault and a series of thefts from burglaries at commercial locations,” Medina said.

Police had been conducting surveillance, attempting to arrest the child safely, as they were concerned about a potential shootout involving an armed 11-year-old.

“There were days upon days of surveillance conducted trying to pick him up at the right moment,” Medina explained. “It is extremely frustrating. We put in so much effort trying to locate him. He was a priority for us.”

Just seven days before Habermehl was killed, a detective had filed an arrest warrant for Hayes, warning in the request:

“Messiah’s actions are creating a dangerous situation for the citizens of Albuquerque and himself.”

A Troubled Criminal History at Just 11 Years Old

Despite his young age, Hayes had an extensive criminal history. Prior to the fatal incident, he had been charged in connection with burglaries at Osuna Elementary School and a local business. Police say he allegedly shot one person and fired a gun at another.

“This is an individual that should not be on our streets,” Medina said.

Police finally arrested Hayes 16 days after Habermehl’s death not knowing he was connected to it. Police believe at the time it was a hit-and-run.

Medina later took to social media to express relief at his capture, writing on X (formerly Twitter) that Hayes was “a danger to the community.”

Medina’s office then issued a press release suggesting that crime in the Northeast Heights area had decreased significantly following the boy’s arrest.

The statement said Hayes had been accused of “shooting one person, shooting at another person, as well as burglarizing multiple homes, vehicles, and a business.”

After his arrest, Hayes was placed into a treatment facility. However, in the winter, he was able to leave and went to live with his uncle in the East Mountains. In February, his uncle reported that he had run away. Soon after, police say he resumed criminal activity, leading them to begin another search for him again.

Weeks later, they received a tip about the social media post. It led to his capture and the arrests of Overbay – who was driving the car and Garcia who was filming.

The car had been reported stolen.

Push for Change in Juvenile Justice System

Hayes’ case has reignited the debate over New Mexico’s juvenile justice system, with law enforcement officials calling for reform.

“This case is the perfect example of how we have to be able to hold younger people accountable,” Medina said. “A revamp of our Juvenile Justice Code is necessary.”

The issue is being discussed in the state legislature, but Medina said he is not confident that changes will be made before the session ends.

“I am concerned this will happen again,” he said. “We will have another incident of this type with somebody this age in the future.”

What Happens Next?

The District Attorney’s Office says charges against Hayes will be filed soon. Currently, he remains in custody at a secured treatment home.

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