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Wednesday, November 04, 2009
11-Year-Old Charged in Dad's Death
By Juan Carlos Rodriguez
Journal Staff Writer
An 11-year-old boy who is accused of killing his father with a shotgun blast to the back of the head was charged Tuesday with first-degree murder.
Lemuel Martinez, the district attorney for Valencia, Cibola and Sandoval counties, said Benjamin Hilburn, who was 10 at the time of the killing, could face a penalty of anywhere from one year of probation to incarceration until he's 21. Prosecutors filed the charges in Valencia County Children's Court.
Bryon "Jim" Hilburn, 42, was shot in the head Aug. 27 at his home in Belen, where he lived with his three children. A Belen police report said Hilburn's son admitted shooting his father because Hilburn had punished him. The boy's 6-year-old sister was home at the time.
Children, Youth and Families Department spokeswoman Romaine Serna said Tuesday the boy is the youngest person to be charged with first-degree murder that she could recall.
"An 11-year-old charged with murder is a tragic event and poses many challenges to the juvenile probation and parole office, the courts and his family," Serna said.
Under New Mexico law, the boy cannot be charged as an adult. Only children 15 and older can be subject to adult sanctions for first-degree murder, and children under 11 cannot be detained.
The boy is living with his mother in Rio Rancho, and Serna said he will remain there until a judge decides whether he should be detained. CYFD is not allowing the boy's two siblings to live with him and his mother until they are sure the environment at the home is safe.
CYFD had a lengthy history with the family, and investigated nine reports of abuse. The only report the agency was able to substantiate was against the mother, Monica Albear, when she spanked one of her children with a belt in 2003.
Albear has said she and the children were victims of abuse at the hands of Bryon Hilburn, her ex-husband. She said CYFD and the Belen Police Department did not act on the reports. Belen police reports confirm Albear contacted law enforcement claiming abuse against her and one of the children, but no charges were filed by prosecutors.
Bryon Hilburn owned several guns, and CYFD investigated claims the guns were not kept safely, but Serna said the investigation showed the guns were being stored properly.
Martinez said once the boy has a first appearance in Children's Court, the court has 120 days to decide whether he's guilty.
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