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USA Today
23-03-2025
- USA Today
Kids' joy ride in stolen car ends with bicyclist killed. Should they face murder charges?
Kids' joy ride in stolen car ends with bicyclist killed. Should they face murder charges? Boys, 11 and 13, are being charged with murder after a hit-and-run in New Mexico. How young is too young to be charged with murder? Depends what state you're in. Show Caption Hide Caption Video shows moments before New Mexico cyclist was fatally hit Police say three boys, including an 11-year-old, were accused in connection with the fatal hit-and-run of 63-year-old bicyclist, Scott Habermehl. Police say a video on Instagram shows three boys in a stolen car purposely hitting a cyclist. Two boys, ages 11 and 13 at the time of the incident, are being charged with murder. Twenty-six states have established a minimum age for prosecution. New Mexico is not one of them. After an avid cyclist was killed in a hit-and-run during his morning commute last year, police in New Mexico were at a loss for who could have committed the crime. Months later, an anonymous tip would lead investigators to Instagram, where a video was circulating that appears to show Scott Dwight Habermehl, 63, being mowed down by a car with three boys inside. The video captured a disturbing conversation with a 13-year-old driver and now 16-year-old boy discussing hitting Habermehl, police said. An 11-year-old boy in the passenger seat waved a handgun and laughed as his side of the vehicle struck the cyclist. Habermehl was on his way to work at the Sandia National Laboratory in Albuquerque at about 4:40 a.m. on May 29, 2024, according to police. He was in a dedicated bike lane. The 13-year-old was charged with murder. Prosecutors say the 11-year-old and 16-year-old will be, too. Police initially said the 11-year-old was too young to face murder charges, but the Bernalillo County District Attorney's Office later clarified that was not the case. USA TODAY is not identifying the children because authorities have not said whether they will be tried as adults. The arrests come after a rise in homicides committed by children driven in part by social media, loss of supports during the pandemic and an increase in the availability of guns. The shocking, deadly joyride in a stolen car in New Mexico has once again raised questions about how to hold children responsible for violent crimes. How young is too young to be charged with murder? Twenty-six states have established a minimum age for prosecution, according to the National Juvenile Justice Network. They range from age 7 in Florida to age 13 in Maryland, though some states also make exceptions for certain types of violent crimes. In New Mexico, anyone under 18 can technically be prosecuted for any crime, according to Roberta Yurcic, an attorney in Albuquerque who has represented juvenile offenders. From January 2023 to July 2024, there were 20 cases of murder charges against juveniles in Bernalillo County, which includes Albuquerque, according to District Attorney Sam Bregman. To secure a first-degree murder conviction, prosecutors typically must prove the defendant intended to kill the victim, Yurcic said. A defense attorney could argue that a child does not have the mental capacity to form such intent, she said. Even if they aren't tried as adults, children can be sentenced as adults in New Mexico if a judge determines they won't be susceptible to treatment in available juvenile facilities. The judge must weigh a child's ability to be rehabilitated against any public safety risk. New Mexico has banned the sentencing of children to life in prison without the possibility of parole. Start your day informed: Sign up for USA TODAY's Daily Briefing morning newsletter. A new strategy: Parents sentenced, principal charged with failing to prevent shootings When young people commit violent acts, prosecutors across the country are increasingly widening the scope of accountability to include educators, parents and others who fail to report concerning behavior, sometimes in addition to or in lieu of charging the children themselves. For example, in Virginia, an assistant principal and a mother faced charges after a 6-year-old shot his first grade teacher in 2023. Parents have also faced prison time and criminal charges after school shootings in Michigan and Georgia. It's not clear whether police in New Mexico will expand the scope of their investigation. Killings committed by kids on the rise Though murder and violent crime in the United States has decreased in recent years, homicides committed by children have risen dramatically, jumping 65% from 315 in 2016 to 521 in 2022, according to a report in September from the Council on Criminal Justice. Though alarming, the increase is nowhere near the peak reached in the 1990s, when thousands of children 17 and younger were charged with murder, according to the Department of Justice. Those numbers fell sharply around the turn of the century, and by 2020, just 930 young people were arrested in murder cases, that report found. Experts have told USA TODAY the COVID-19 pandemic helped create the conditions for the increase. Americans bought tens of millions of guns, which may be easier for kids to access than parents realize, while children temporarily lost access to key social supports in their communities like violence prevention programs and spent more time online, where experts warn threats and taunts can escalate into deadly conflict. Still, experts emphasized that screen time – or other individual factors – can't be entirely to blame. 'The important issue here is any one of these things in isolation doesn't have the impact,' David Muhammad, executive director of the National Institute for Criminal Justice Reform, told USA TODAY. 'But the combination of this horrible perfect storm of challenges all culminated to produce this overall increase in gun violence.' Violence, social media and kids Why shootings and gun violence are surging across the US Here's why we're seeing a sudden rise in gun violence across the U.S. Just the FAQs, USA TODAY Deadly attacks by young people have been captured on video and shared on social media before. In September, four Las Vegas teenagers plead guilty to voluntary manslaughter for beating their classmate to death in a violent assault that was recorded and posted online. Muhammad said disputes between kids sometimes originate online, where children and adults alike can make threats and talk about weapons. Research has found there are many reasons why kids post photos of guns, including among gang-affiliated young people, but this online activity can sometimes fuel real-world violence. Yurcic told USA TODAY the main factors that put children at risk of committing violent crimes include poverty, mental health struggles, and being exposed to the criminal justice system or addiction at home. But she said social media has also been a huge factor in the majority of her juvenile cases, and she believes it can lead kids to behave in more extreme ways than they otherwise would. "I really do think that that influences kids' behavior in real life, you know the things that they see on social media, the potential of being able to post something on social media that would gain credibility with their peers," she said. Contributing: Saleen Martin, Kayla Jimenez, Phaedra Trethan and Thao Nguyen
USA Today
21-03-2025
- USA Today
A joy ride in a stolen car ends as kids kill a bicyclist. Should they face murder charges?
A joy ride in a stolen car ends as kids kill a bicyclist. Should they face murder charges? Boys, 11 and 13, are being charged with murder after a hit-and-run in New Mexico. How young is too young to be charged with murder? Depends what state you're in. Show Caption Hide Caption Video shows moments before New Mexico cyclist was fatally hit Police say three boys, including an 11-year-old, were accused in connection with the fatal hit-and-run of 63-year-old bicyclist, Scott Habermehl. Police say a video on Instagram shows three boys in a stolen car purposely hitting a cyclist. Two boys, ages 11 and 13 at the time of the incident, are being charged with murder. Twenty-six states have established a minimum age for prosecution. New Mexico is not one of them. After an avid cyclist was killed in a hit-and-run during his morning commute last year, police in New Mexico were at a loss for who could've committed the crime. Months later, an anonymous tip would lead investigators to Instagram, where a video was circulating that appears to show Scott Dwight Habermehl, 63, being mowed down by a car with three young boys inside. The video captured a disturbing conversation with a 13-year-old driver and now 16-year-old boy discussing hitting Habermehl, police said. An 11-year-old boy in the passenger seat waved a handgun and laughed as his side of the vehicle struck the cyclist. Habermehl was on his way to work at the Sandia National Laboratory in Albuquerque at around 4:40 a.m. on May 29, 2024, according to police. He was in a dedicated bike lane. The 13-year-old was charged with murder. Prosecutors say the 11-year-old and 16-year-old will be, too. Police initially said the 11-year-old was too young to face murder charges, but the Bernalillo County District Attorney's Office later clarified that was not the case. USA TODAY is not identifying the children because officials have not said if they will be tried as adults. The arrests come after an uptick in homicides committed by children driven in part by social media, loss of supports during the pandemic and an uptick in the availability of guns. The shocking, deadly joy ride in a stolen car in New Mexico has once again raised questions about how to hold children responsible for violent crimes. How young is too young to be charged with murder? Twenty-six states have established a minimum age for prosecution, according to the National Juvenile Justice Network. They range from age 7 in Florida to age 13 in Maryland, though some states also make exceptions for certain types of violent crimes. In New Mexico, anyone under 18 can technically be prosecuted for any crime, according to Roberta Yurcic, an attorney in Albuquerque who has represented juvenile offenders. From January 2023 to July 2024, there were 20 cases of murder charges against juveniles in Bernalillo County, which includes Albuquerque, according to District Attorney Sam Bregman. In order to secure a first-degree murder conviction, prosecutors typically must prove the defendant intended to kill the victim, Yurcic said. A defense attorney could argue that a child does not have the mental capacity to form such intent, she explained. Even if they aren't tried as adults, children can be sentenced as adults in New Mexico if a judge determines they won't be susceptible to treatment in available juvenile facilities. The judge must weigh a child's ability to be rehabilitated against any public safety risk. New Mexico has banned the sentencing of children to life in prison without the possibility of parole. A new strategy: Parents sentenced, principal charged with failing to prevent shootings When young people commit violent acts, prosecutors across the country are increasingly widening the scope of accountability to include educators, parents and others who fail to report concerning behavior, sometimes in addition to or in lieu of charging the children themselves. For example, in Virginia, an assistant principal and a mother faced charges after a 6-year-old shot his first grade teacher in 2023. Parents have also faced prison time and criminal charges after school shootings in Michigan and Georgia. It's not clear if police in New Mexico will expand the scope of their investigation. Killings committed by kids on the rise Though murder and violent crime in the United States has decreased in recent years, homicides committed by children have risen dramatically, jumping 65% from 315 in 2016 to 521 in 2022, according to a report in September from the Council on Criminal Justice. While alarming, the uptick is nowhere near the peak reached in the 1990s, when thousands of children 17 and younger were charged with murder, according to the Department of Justice. Those numbers fell sharply around the turn of the century, and by 2020, just 930 young people were arrested in murder cases, that report found. Experts previously told USA TODAY the COVID-19 pandemic helped create the conditions for the recent increase. Americans bought tens of millions of guns, which may be easier for kids to access than parents realize, while children temporarily lost access to key social supports in their communities like violence prevention programs and spent more time online, where experts warn threats and taunts can escalate into deadly conflict. Still, experts emphasized that screen time – or other individual factors – can't be entirely to blame. 'The important issue here is any one of these things in isolation doesn't have the impact,' David Muhammad, executive director of the National Institute for Criminal Justice Reform, told USA TODAY. 'But the combination of this horrible perfect storm of challenges all culminated to produce this overall increase in gun violence.' Violence, social media and kids Why shootings and gun violence are surging across the US Here's why we're seeing a sudden rise in gun violence across the U.S. Just the FAQs, USA TODAY Deadly attacks by young people have been captured on video and shared on social media before. In September, four Las Vegas teenagers plead guilty to voluntary manslaughter for beating their classmate to death in a violent assault that was recorded and posted online. Muhammad said disputes between kids sometimes originate online, where children and adults alike can make threats and talk about weapons. Research has found there are many reasons why kids post photos of guns, including among gang-affiliated young people, but this online activity can sometimes fuel real-world violence. Yurcic told USA TODAY the main factors that put kids at risk of committing violent crimes include poverty, mental health issues, and being exposed to the criminal justice system or addiction at home. But she said social media has also been a huge factor in the majority of her juvenile cases, and she believes it can lead kids to behave in more extreme ways than they otherwise would. "I really do think that that influences kids' behavior in real life, you know the things that they see on social media, the potential of being able to post something on social media that would gain credibility with their peers," she said. Contributing: Saleen Martin, Kayla Jimenez, Phaedra Trethan and Thao Nguyen, USA TODAY
New York Times
18-03-2025
- New York Times
Two New Mexico Teenagers Are Charged With Murdering a Cyclist
Two teenage boys, one 13 and the other 15, have been charged with murder after the younger boy intentionally drove a stolen vehicle into a man as he was riding his bike to work last year, killing him, the police in Albuquerque said on Monday. An 11-year-old who was also in the vehicle will be charged in connection with the crime, the police said in a statement, though he is too young to be charged with murder and his name was not disclosed. The driver, Johnathan Overbay, was identified through a cellphone video that the boys posted on social media, the police said. The video, which one of the boys recorded from the back seat, showed Jonathan accelerating toward the cyclist, Scott Dwight Habermehl, 63, the police said. Mr. Habermehl was on his way to work at Sandia National Laboratory on May 29, 2024, when he was fatally struck around 4:40 a.m. The 15-year-old, William Garcia, sat in the back seat and told Jonathan to slow down and 'just bump him,' the video shows. As they drove, the 11-year-old, who was sitting in the front passenger seat, flashed a handgun to the camera and then ducked as they neared Mr. Habermehl. The video, shared by the Albuquerque Police Department, does not show the moment the vehicle crashed into Mr. Habermehl, but the department said in a news release that 'there were loud sounds, including metal flexing.' Mr. Habermehl was flung on top of the vehicle and then fell off the side. Jonathan was arrested on Monday, and the police said they were still searching for William and the 11-year-old. Jonathan and William are facing charges 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. The Bernalillo County district attorney's office would not comment on the charges or clarify whether the boys would be tried as adults. Maggie Shepard, the communication director for the New Mexico Law Offices of the Public Defender, said it was too early for the office to provide comment. Detectives did not initially know who was in the vehicle after it hit Mr. Habermehl in May. In February, the police received an anonymous tip that included the Instagram account that posted the video of the crash. Around the same time, a middle school principal also reported the video to the police after a student flagged the post. Investigators searched phones belonging to Jonathan and the 11-year-old and found the footage of the crash, the police said. They said that their phones were seized in June 2024 during a separate investigation. The police did not disclose the nature of the other investigation. Kirsten Noyes contributed research.
USA Today
18-03-2025
- USA Today
A man was killed on a bike. Police say 3 boys, 2 charged with murder, planned to hit him.
A man was killed on a bike. Police say 3 boys, 2 charged with murder, planned to hit him. Tips began to come in early this year about a recording taken by those inside the vehicle, including a 15-year-old, a 13-year-old, and an 11-year-old. Two teenage boys in New Mexico are being charged, and an 11 year-old could face the same fate, after police say they drove a stolen car, intentionally hit and killed a bicyclist and shared a video of the killing on social media. The victim, 63-year-old Scott Dwight Habermehl, was killed on May 29, 2024. He was riding his bike to work at Sandia National Laboratory around 4:40 a.m. that day when a driver hit him and drove away, the Albuquerque Police Department said in a news release. The police department's Fatal Crash Team investigated the crash and authorities shared an image of the car from a nearby church, but they were unable to figure out who had been in the car, police said. Tips began to come in early this year about a video recording of the crash taken by those driving and riding in the vehicle, including a 13-year-old, a 15-year-old, and an 11-year-old boy, police said. Teen charged: 14-year-old charged in fatal shooting of New Jersey police officer 13-year-old, 15-year-old face charges, while the 11-year-old could be charged as well Detectives have since arrested and charged the 13-year-old with 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. He will be booked into the Juvenile Detention Center. Detectives are still searching for the 15-year-old, who is facing the same charges as the 13-year-old. They are also working to locate the 11-year-old, police said. The 11-year-old boy is too young to be charged with murder, police said. Detectives are working with the district attorney's office and the Children, Youth & Families Department to figure out if he can be charged and if so, with what. 'Just bump him … Go like…15, 20': Video of the crash was posted online According to police, the department's Fatal Crash team investigated the crash but they were not able to figure out who had been in the vehicle that killed Habermehl. In February, an anonymous tipster contacted police and told them a video taken from inside the vehicle during the crash had been shared online. The tipster gave police the Instagram handle and the name of the account's owner. The account had been flagged in a separate investigation as well, police said. A student also reported the video to a middle school principal working for Albuquerque Public Schools. According to police, investigators had previously seized phones from the 11-year-old and the 13-year-old in June 2024 as part of a separate investigation. They secured warrants to search the phones and the juveniles' social media accounts and found multiple video clips showing the 15-year-old, the 13-year-old and the 11-year-old, as well as the video of the crash. The case was turned over to the homicide unit on Feb. 25, police said. Police believe the 13-year-old was driving the vehicle, the 11-year-old was in the front passenger seat and the 15-year-old was in the back seat. The video captured a conversation among the boys, and the 13-year-old can be heard saying he was about to hit Habermehl. The vehicle then accelerates, police said. The 15-year-old, sitting in the back, warned the 13-year-old not to drive too fast when hitting the bicyclist, police said. Police said the rest of the conversation went like this: 15-year-old: 'Just bump him, brah.' 13-year-old: 'Like bump him?' 15-year-old: 'Yeah, just bump him. Go like…15, 20.' As the vehicle approached an intersection, the 11-year-old was waving a handgun, ducked, and laughed as his side of the vehicle hit Habermehl. Also heard in the video were the sounds of metal flexing as Habermehl and his bicycle were sent over and off the passenger side of the vehicle, police shared in the news release. "The boys videotaped the crash from inside the car as the driver swerved ... onto a dedicated bike lane and struck Habermehl," police said. "The kids in the car saw the flashing light on the bicycle and audio of the recording indicated they planned to hit the bicyclist." Man killed in crash involving teens was an avid bicyclist Habermehl lived in Corrales, New Mexico, and had been on his morning bicycle commute when he died, according to his online obituary. He studied physics at Iowa State University, worked in Florida, then Virginia, and went to North Carolina State University to earn his doctorate in physics in 1994, the obituary read. According to colleagues, he was dedicated to science and technology and had a strong attention to detail. He spent time riding horses with his wife, growing his wildflower garden, playing baseball with his dons, hiking and skiing, his obituary read. BikeABQ, a nonprofit that has pushed for safer and more accessible bicycling in Albuquerque, shared the news of Habermehl's death in July 2024. The nonprofit said that over the past three decades, he biked more than 250,000 miles in Albuquerque, according to his family. 'He was a consummate outdoorsman and cared deeply for the wild spaces of the world,' loved ones wrote in his obituary. Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@
