Mongoose query with $near $or other field

I'm attempting to return documents by doing a query $or on different fields including a $near query with problems.

Schema

locationSchema{
    ...
    beacon: String,
    access_point: String,
    gps: [],
    ...
}

locationSchema.index({ gps: '2dsphere' });

Query

locations.find({
    '$or': [
        {
            gps: {
                '$near': {
                    '$geometry': {
                        type: 'Point',
                        coordinates: [
                            13.1313131,
                            -4.444444
                        ]
                    },
                    '$maxDistance': 50,
                    distanceField: 'distance',
                    spherical: true
                }
            }
        },
        {
            access_point: '88:A6:BB:26:95:11'
        },
        {
            access_point: '88:A6:C6:26:CC:21'
        }
    ]
},
function(err,locations){
    //DosomethingwithfoundLocations
});

If I just do a query with only the $near input, there is one location returned as expected and if I do the query with just the list of access_point's there is one location returned, but not when both queries are run at the same time.

I'm assuming this is a bug, but is there anyway I can get this type of query working?

Thanks

via Dean Meehan