New Mexico boy, 11, charged with murder

Published: Nov. 4, 2009 at 12:12 PM

BELEN, N.M., Nov. 4 (UPI) -- New Mexico prosecutors accused an 11-year-old boy of first-degree murder in the shotgun death of his father in August.

Benjamin Hilburn was formally charged in Valencia County Tuesday in the Aug. 27 slaying of Byron Hilburn at his home in Belen.

The Albuquerque Journal said Wednesday the boy, who was 10 at the time, admitted he pulled the trigger because his father had punished him.

The newspaper said Benjamin, who could be the youngest person in New Mexico ever charged with first-degree murder, cannot be charged as an adult and faces a maximum sentence of incarceration until he is 21.

Investigators said they found little evidence to back up allegations Hilburn had abused his children and his ex-wife, and that guns were improperly stored at the home.

Benjamin is living with his mother pending a Children's Court ruling on his guilt or innocence.

© 2009 United Press International, Inc. All Rights Reserved.
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