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Deadly hit-and-run in New Mexico brings juvenile justice challenges into focus

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Deadly hit-and-run in New Mexico brings juvenile justice challenges into focus
News

News

Deadly hit-and-run in New Mexico brings juvenile justice challenges into focus

2025-03-25 04:43 Last Updated At:04:51

ALBUQUERQUE, N.M. (AP) — Behind the wheel of the stolen car was a 12-year-old boy. In the front passenger seat was a boy who just days earlier had marked his 11th birthday. He was waving a handgun as a 15-year-old boy in the backseat recorded video of what police described as a deliberate hit-and-run.

A voice believed to be the 15-year-old’s says, “Just bump him, brah.” The driver asks, “Like bump him?” The rear passenger responds, “Yeah, just bump him. Go like … 15 … 20.”

The car smashed into a bicyclist on his way to work. The windshield shattered and the car sped away in the predawn hours that May morning.

Months passed with no arrests. Then in February a video of the deadly crash surfaced on social media. Remarkably it led police back to an 11-year-old who last June was arrested and placed in custody for a series of break-ins and burglaries in northeast Albuquerque. Police also accused the boy of shooting and wounding another teen, which prompted an investigation that turned up firearms and a bullet-proof vest that had been stolen from a police vehicle.

But the allegations of running down and killing a person were on another level, one seldom dealt with in New Mexico's juvenile justice system.

The 11-year-old and the other boys in the car, now ages 13 and 16, were arrested last week in connection with the death of Scott Dwight Habermehl, a father of two and a successful engineer.

Prosecutors said Friday that all three boys will face the same charges: counts of first-degree 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 under 19. Prosecutors are seeking to have the oldest boy charged as an adult.

The spike in juvenile violence — particularly this latest case — has shaken the community, further frustrated law enforcement and added to the pressure on policymakers to reconsider the limitations of a juvenile justice system that wasn't designed to deal with children as young as 11.

Authorities say there's a perception among juveniles that they won't face consequences for violent crimes.

Albuquerque police have arrested numerous teens, most being 15 or older, in homicide cases over the last year. Legal experts and authorities can't recall a case in which someone as young as 11 has faced a murder charge.

Under state law, the 11-year-old cannot be held in a juvenile detention center but will remain in the custody of the state child welfare agency. The other two boys were ordered to remain in a juvenile detention center as their cases proceed, with children's court judges finding they were a danger to themselves and the community.

Santa Fe-based attorney John Day said New Mexico’s juvenile justice system was meant to intervene and get help for children so they wouldn't commit crimes as adults. It was designed with the assumption that kids this young weren't competent to engage in this kind of violent behavior, he said.

“Obviously when you have 11-year-olds who are being accused of participating in running over bicyclists and brandishing guns, that’s something that when they were drafting these laws was really not taken into consideration because it was a different time,” Day said.

There is a minimum age for prosecuting juveniles in 26 states, with statutes spelling out various exceptions, according to the National Juvenile Justice Network. But New Mexico is among the many states without a minimum age and state law allows for teenagers as young as 14 in some instances to be tried in adult court only for first-degree murder.

Bernalillo County District Attorney Sam Bregman says the streets have changed dramatically since 1993, the last time New Mexico's children's code was meaningfully updated, but the Democratic-controlled Legislature has failed to consider changes that include expanding the types of violent crimes juveniles could be charged in as adults.

Without modernizing the system and pairing meaningful consequences with behavioral health support, Bregman said things will only get worse. He pointed to a proliferation of guns and social media, saying it's out of control.

“That’s how they all communicate. This is how they settle grudges. It’s not taking a fistfight behind the high school anymore. They’re pulling out a gun and shooting at an unsanctioned car show," he said, referring to a deadly shooting at a park in Las Cruces on Friday night.

“We need to have our laws catch up with the times,” Bregman said.

Democratic Gov. Michelle Lujan Grisham on Saturday reiterated her disappointment that lawmakers failed to pass legislation to address juvenile justice and what she described as a crime crisis. She said lawmakers should expect to be called back for a special session.

Before the creation of juvenile courts more than a century ago, children who were older than 7 were processed and incarcerated under common law just as adults would be. Younger children were considered incapable of possessing criminal intent.

Along with that history, the U.S. Justice Department's Office of Juvenile Justice and Delinquency Prevention notes on its website that the juvenile court system also was established to provide positive social development for children who lack support at home.

Juvenile justice advocates say cases in which young children are accused of murder are rare but not unheard of. In 2008, Arizona prosecutors handled the case of an 8-year-old boy who shot and killed his father and his father's friend. He pleaded guilty to negligent homicide in the death of the friend. Prosecutors dropped the charge for killing his father, saying it was best for the boy not to have to acknowledge killing his father.

Some advocates have pushed for setting the minimum age for prosecution at least 14, citing research suggesting children who enter the juvenile justice system earlier in their lives have more adverse outcomes than older teens.

Before knowing the hit-and-run in New Mexico was deliberate, authorities had warned in a criminal complaint naming the 11-year-old in other crimes that the pattern of misconduct was escalating in violence. The document went on to suggest the boy was a danger to himself and the public.

Cases like this beg questions about how children end up in situations like this and what systems failed them along the way, said Amy Borror, a senior youth policy strategist with The Gault Center, a Washington, D.C.-based youth rights advocacy group.

Another consideration, she said, is that adolescents' brains are wired differently. Borror pointed specifically to the part of the brain that controls reasoning, rational thought and the ability to comprehend the effects of actions.

“That’s why kids and teenagers act exactly like kids and teenagers act,” she said, referring to risk-seeking behavior that intensifies while in groups.

The difficulty comes with figuring out how to hold someone accountable when they don't have the same level of rational decision making that adults do, said Joshua Kastenberg, a former lawyer and judge in the U.S. Air Force who now teaches at the University of New Mexico Law School.

“Kids in the criminal justice system are one of the more difficult questions in the law,” Kastenberg said. “Unlike adults, where you can simply say, ‘Well, this person intentionally ran down a cyclist in their car, they’re a danger to society.’ Whether they have anger management problems or they hate cyclists or whatever, they completely disregarded the right of another human being to simply live. ... But when you’re talking about kids, none of that sinks in.”

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

This March 20, 2025 photo shows a memorial ghost bike near the spot where Scott Dwight Habermehl was struck and fatally injured in May 2024 while biking to work at Sandia National Laboratories in Albuquerque, N.M. (AP Photo/Susan Montoya Bryan)

Republican Sen. Roger Wicker, chair of the Senate Armed Services Committee, said he and Sen. Jack Reed, the committee’s top Democrat, will request an inspector general investigation into the use of Signal by top national security officials to discuss military plans. Wicker’s move is notable given the Trump administration’s defiance that no classified information was posted to the Signal chat.

Director of National Intelligence Tulsi Gabbard and CIA director John Ratcliffe were questioned before Congress about how a journalist was added to a group chat in which they discussed American military strikes in Yemen. Democrats called on Defense Secretary Pete Hegseth, who shared in the group chat the exact timings of warplane launches and when bombs would drop, to resign over the exposure.

The Supreme Court is hearing a new test of federal power in a major legal fight over $8 billion in annual subsidies for phone and internet services in schools, libraries and rural areas.

And people in Greenland appear cautiously relieved that Vice President JD Vance and his wife will limit their Friday trip to a U.S. military base, rather than appear uninvited at a public event.

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The department said Wednesday that revisions to the form were necessary to comply with the court ruling.

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“Do you trust the secretary of defense — who was nominated for this role, voted by the United States Senate into this role, who has served in combat, honorably served our nation in uniform — or do you trust Jeffrey Goldberg?” she asked.

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The justices heard nearly three hours of arguments Wednesday in a new test of federal regulatory power, reviewing an appellate ruling that struck down as unconstitutional the Universal Service Fund, the tax that has been added to phone bills for nearly 30 years.

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The White Houses claims the tariffs will foster domestic manufacturing. It also could put a financial squeeze on automakers that depend on global supply chains.

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Republicans on the committee repeatedly attacked the public broadcasting outlets for what they called biased reporting. Trump also called for ending federal funding in what represents the most serious threat to the system in many years.

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The Department of Homeland Security says in a post on X that Kristi Noem will discuss how the U.S. can expand deportation flights of “violent criminals” to the Central American nation.

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Sen. Roger Wicker said he and Sen. Jack Reed, the committee’s top Democrat, will send a letter to the Trump administration requesting an Inspector General investigation into the use of Signal by top national security officials to discuss military plans.

Wicker is also calling for a classified Senate briefing from a top national security official and verification that The Atlantic published an accurate transcript of the Signal chat.

Wicker’s move is notable given the Trump administration’s defiance. Most Republicans seem content to allow the episode to blow over. Asked what the consequences for Hegseth should be, Wicker said, “Let’s see.”

He added that the administration — “right up to the president” — should take a conciliatory approach to the episode.

Wednesday’s filing seeks approval to go ahead with cuts of hundreds of millions of dollars for teacher training.

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The questioning of John Ratcliffe descended into yelling as a California Democrat asked the CIA director whether Secretary of Defense Pete Hegseth was drinking when he used the Signal app to text his plans for attacking Houthis in Yemen.

“I think that’s an offensive line of questioning,” Ratcliffe told Rep. Jimmy Gomez. “The answer is no.”

Ratcliffe and Gomez then began shouting over each other as Gomez tried to follow up.

“We want to know if his performance is compromised,” Gomez said.

“It is completely outrageous to me that administration officials come before us today with impunity, no acceptance of responsibility,” said Rep. Jason Crow of Colorado. He said Pete Hegseth “must resign immediately. There can be no fixes, there can be no corrections until there is accountability.”

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Vance and his wife, Usha, are scheduled Friday to visit a U.S. military base on the Arctic island.

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Gabbard acknowledged before the House Intelligence Committee that the texts contained “candid and sensitive” discussions but said again that no classified information was included.

“It was a mistake that a reporter was inadvertently added,” Gabbard said.

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Gabbard, Ratcliffe, Defense Secretary Pete Hegseth, national security adviser Michael Waltz and other top national security officials were on the chat, which included the times of warplane launches and other actions.

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Republican Rep. Rick Crawford urged his fellow House Intelligence Committee members not to focus on the Signal chat leak during Wednesday’s hearing on global threats.

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Dr. Jay Bhattacharya passed a 53-47 party-line vote to become director of the the National Institutes of Health.

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“Our committees have serious questions,” they wrote, detailing a 10-part probing line of inquiry.

The senators noted that if any other American military servicemember or official committed such breach “they would be investigated and likely prosecuted.”

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When Trump canceled $400 million in funding to Columbia University over its handling of student protests against Israel’s war in Gaza, much of the financial pain fell on researchers a train ride away from the school’s campus, working on things like curing cancer and studying COVID-19’s impact on children.

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Greenland and Denmark appeared cautiously relieved early Wednesday by the news that Vance and his wife are changing their itinerary for their visit to Greenland Friday, reducing the likelihood that they will cross paths with residents angered by the Trump administration’s attempts to annex the vast Arctic island, a semi-autonomous Danish territory.

The couple will now visit the U.S. Space Force outpost at Pituffik, on the northwest coast of Greenland, instead of Usha Vance’s previously announced solo trip to the Avannaata Qimussersu dogsled race in Sisimiut.

The vice president’s decision to visit a U.S. military base in Greenland has removed the risk of violating potential diplomatic taboos by sending a delegation to another country without an official invitation. But Vance has also criticized longstanding European allies for relying on military support from the United States, openly antagonizing partners in ways that have generated concerns about the reliability of the U.S.

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Environmental Protection Agency employees take part in a national march against actions taken by the Trump administration, Tuesday, March 25, 2025, in Philadelphia. (AP Photo/Matt Rourke)

Environmental Protection Agency employees take part in a national march against actions taken by the Trump administration, Tuesday, March 25, 2025, in Philadelphia. (AP Photo/Matt Rourke)

FILE - Vice President JD Vance leaves after speaking at the Congressional Cities Conference of the National League of Cities on Monday, March 10, 2025, in Washington. (AP Photo/Mark Schiefelbein, file)

FILE - Vice President JD Vance leaves after speaking at the Congressional Cities Conference of the National League of Cities on Monday, March 10, 2025, in Washington. (AP Photo/Mark Schiefelbein, file)

President Donald Trump waves as he departs a reception celebrating Greek Independence Day in the East Room of the White House, Monday, March 24, 2025, in Washington. (AP Photo/Jacquelyn Martin)

President Donald Trump waves as he departs a reception celebrating Greek Independence Day in the East Room of the White House, Monday, March 24, 2025, in Washington. (AP Photo/Jacquelyn Martin)

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