Story Tools  E-mail Story  Print Friendly Featured Jobs Featured Jobs Feature Your Jobs: call 823-4444 New Mexico Around New Mexico Fleeing Suspect Crashes; 1 Dead At Their Fingertips Servitude Charges Refuted Herpes Threatens New Mexico Horses Memorial Day Closures Film Program: Take Two New Director Named for Los Alamos Lab Wife Takes Controls of Husband's Plane Data on Crashes To Determine Patrols Roswell Teen's Murder Trial Slated July 26 Two People Shot To Death April 16 Around New Mexico Candidate Proposal Upsets Sandoval GOP State Overhauls Film Industry Loan Program Trestle Not Ready for Opening Martinez, Wilson Rub Elbows at Economic Forum Columbus Trustee Still Getting Paid Applicants Sought for Court of Appeals 'Mindset' Faulted in Copter Crash More New Mexico

          Front Page  news  state

Thursday, November 19, 2009

Competency Issue Stays Boy's Murder Case

By John Bear / Valencia County News-Bulletin

       LOS LUNAS — An 11-year-old boy charged with killing his father was not present at his arraignment in District Court on Wednesday, but his defense attorney raised a competency issue.
    Benjamin Hilburn, 11, is charged with first-degree murder in the August death of his father, Bryon Hilburn. Police say the boy shot and killed his father with a single shotgun blast to the back of the head.
    District Judge John Pope entered a not guilty plea on Hilburn's behalf.
    Defense attorney Jeff Buckles raised a competency issue before the court and said after the proceedings that the case is stayed until the competency issue is resolved.
    Thirteenth Judicial Assistant District Attorney Brett Parker said the state plans on bringing its own competency expert into the case. Pope said the court might call upon a third expert.
    Pope said that the Juvenile Probation and Parole Office will check on Benjamin Hilburn through the Children Youth and Families Department. Buckles had objected to the boy being required to check in with the probation office, because he is already receiving visits from CYFD.
    Pope said that, as long as juvenile probation is satisfied with Benjamin Hilburn's living arrangements, he will allow the checks through CYFD. Hilburn is living with his mother, Monica Albear, in Rio Rancho. His sister and another sibling have been staying with other relatives.
    Because of his age, Benjamin Hilburn cannot be charged as an adult. He faces a penalty of from one year of probation to incarceration until he's 21. He can't be incarcerated in the state of New Mexico, because there isn't a facility that can hold a child under 12. If he is sentenced to serve time, he may have to be taken out of state.
    District Attorney Lemuel Martinez said Benjamin Hilburn is the youngest person charged with murder in the history of the 13th Judicial District.
    In a recording of a 911 call, the boy admits to an operator to shooting his father.

You also can send comments via our comment form