Child called too young for murder trial

LOS LUNAS, N.M. (KRQE) - A lawyer for an 11-year-old boy police say shot and killed his father was in a Valencia County Court Wednesday arguing the child shouldn't stand trial for murder.

The boy, Benjamin Hilburn, was not there, but attorney Jeff Buckles told the judge his client is not competent to stand trial.

Buckles claimed Hilburn is too young to comprehend a complicated murder case in court.

District Judge John Pope entered a not guilty plea for Hilburn in his absence.

The boy was still 10 in August when he shot his Bryon Hilburn in the head with a shotgun at the family home in Belen. Police said the boy told them he did it because he was being punished.

The prosecution and the defense had Hilburn examined by a psychologist to see if he was competent to stand trial.

Since there will be challenges over which side's test was correct, Pope decided the court would do its own competency evaluation.

Hilburn's lawyer said he does not see how his client could be forced to go through a trial.

"I think any of your viewers that have a 10- or 11-year-old child were asked 'Could your child really participate meaningfully about the decisions of strategy and tactic in a full, complicated criminal lawsuit?' would say 'You have got to be kidding me,'" Buckles said.

The next court date will be scheduled once the court's independent competency evaluation is complete.

If Hilburn is convicted, the strongest penalty he would face would be a jail term lasting until his 21st birthday.

Hilburn is staying with his mother in Rio Rancho, and his lawyer say he has weekly visits from psychologists.