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Updated: Monday, 21 May 2012, 3:36 PM MDT
Published : Monday, 21 May 2012, 11:49 AM MDT
ALBUQUERQUE (KRQE) - A judge made a key decision Monday in the case of a young boy accused of killing his father.
Benjamin Hilburn was 10-years-old when he shot his father, Bryon, in the living room of their home.
Police say the boy said he did because his father was too strict and punishing him.
His younger sister, who was 6, was there and prosecutors had pushed for her to testify.
But the defense claims she shuts down when asked about the shooting.
The judge today decided the girl is not competent to testify at her brother's trial.
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