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Friday, October 30, 2009
Suspect's Mother: Abuse Ignored
By Juan Carlos Rodriguez
Journal Staff Writer
The mother of a 10-year-old boy accused of shooting his father says the New Mexico Children, Youth and Families Department ignored her repeated reports of abuse by the father.
In an emotional interview with KOAT-TV, Monica Albear said her son is living with her while prosecutors decide whether to charge him. And she questioned why CYFD is refusing to give her custody of her other two children.
"My heart is broken into so many pieces," she said.
The agency said Thursday the only substantiated case of abuse it received about either parent was against the mother, Monica Albear, and that the two other children will be returned to her only when it has been proven that her home is safe.
Bryon "Jim" Hilburn, 42, was shot in the head Aug. 27 at his home in Belen, where he lived with his and Albear's three children. The two were divorced, and she had agreed to give him primary custody.
A Belen police report said Hilburn's son, who has since turned 11, admitted shooting his father because Hilburn had punished him.
While the boy now lives with Albear, the other children are living with their grandparents, according to Albear's attorney S. Matthew Torres.
Torres said Albear contacted police and CYFD claiming that he was abusing her and the children during and after the marriage, but nothing was ever done about it. Albear and Hilburn were divorced in 2004 after 6 1/2 years of marriage.
Belen police reports confirm that Albear contacted law enforcement claiming abuse against her and one of the children, but no charges were filed.
"It was a terrible failure of the criminal justice system," Torres said.
CYFD spokeswoman Romaine Serna said the agency investigated nine reports of abuse involving the family but only substantiated one claim. That claim was against Albear.
In that case, child abuse charges were filed after police responded to a report that Albear used a belt to spank one of the children. Albear was arrested and later pleaded guilty to the lesser charge of battery.
Serna said CYFD actually received more than nine reports of abuse of the children, but only nine warranted investigations.
In light of the different stories between the parties, Torres said he plans to seek all CYFD records pertaining to Albear's case.
When Albear and Bryon Hilburn divorced, she agreed to give him primary custody. Both Albear and Torres said Albear didn't have an attorney at the time and didn't understand what she was doing. He said he is planning to file a motion requesting the transfer of the two younger children to the care of Albear.
Serna said the proper care of those children is still being determined by CYFD.
"We are supervising visits between mom and the two children living out of the home, and there will not be a recommended change in that agreement until we feel that it would be a safe environment for the two younger children," she said.
Valencia County District Attorney Lemuel Martinez said his office is still deciding whether to file charges against the boy for shooting his father, and that a decision should come within a week.
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