Updated: Monday, 14 Sep 2009, 4:15 PM MDT
Published : Friday, 28 Aug 2009, 12:47 PM MDT
BELEN, N.M. (KRQE) - At least seven times over the last several years investigators from the Children, Youth and Families Department checked out a Belen father whom police say was shot to death Thursday by his 10-year-old son.
Police have charged Benjamin Hilburn with first-degree murder after Byron Hilburn, 42, was found shot to death Thursday evening in the family's Belen home.
The elder Hilburn was shot in the back of the head, according to police.
Police say evidence leads them to believe the man's 10-year-old son was the shooter.
The boy is in the custody of the CYFD. Police said they hope to interview him by Monday.
A 6-year-old was also in the room at the time of the shooting. The child is one of Benjamin's younger siblings. It is not known at this time what she witnessed.
Police said they are looking into CYFD records because they found paperwork in the home. Also they heard that there were CYFD referrals about the single-parent family.
CYFD later reported its investigators checked out the father at least seven times in the last several years. However CYFD said they never found evidence of abuse but is continuing its investigation.
If the first-degree murder charge stands, the boy would be tried in Children's Court.
The penalties could range from one-year probation to incarceration in a juvenile facility until he's 21.