() Sam Bregman, district attorney for Bernalillo County, has criticized the New Mexico justice system after a 12-year-old New Mexico boy was charged with first-degree murder in connection with the killing of Scott Habermehl, 63, by a vehicle while he was riding to work in 2024.
Messiah Hayes is one of four kids who were allegedly in a stolen vehicle that rammed Habermehl from behind, which led to his death, according to authorities. At the time, Hayes was just 11.
According to a new video seen on “Banfield,” Hayes was allegedly part of a smash-and-grab at an Albuquerque liquor store 12 days before the deadly bicycle ramming. (Police do not know if all the juveniles in that incident were also involved in Habermehl’s death.)
Before the killing and smash-and-grab, Hayes was wanted for break-ins at an elementary school and two gun crimes, where he allegedly shot and wounded an individual.
After Hayes was taken into custody, Albuquerque police said the crime rate in his neighborhood went down because he was off the streets.
Bregman told “Banfield” it is “so sad” to see a person so young being charged with such a crime.
“We know that this individual is connected to at least three other incidents. … It is really sad,” Bregman said.
“It’s a juvenile justice system right now that is really in shambles in New Mexico, and we have to do something about it,” he added.
Bregman told that Hayes is still being detained, and within four months, a competency report will be completed on him.
Given his age, Bregman confirmed Hayes will not be able to be charged as an adult. Bregman said his office has indicted more than 50 juveniles in two and a half years for murder, involving 70 murders.
“I’m not about throwing away the key on juveniles. That’s the last thing I want to do. The only meaningful consequence any of these juveniles face in our current system is when they are convicted of first-degree murder, and some of them, if they’re over the age of 14, will end up doing decades after decades in prison,” he said.
“We didn’t do the person they killed any favors then, and we certainly didn’t do the kid any favors when he first stole his car instead of giving them some consequence, so they learn you should not violate the laws and norms of our community.”
