LOS LUNAS, N.M. (KRQE) - The boy who was 10 years old when he was accused of murdering his father execution-style was dealt a couple blows in court Thursday.
Benjamin Hilburn is now 14 and his defense will have a couple more obstacles to overcome when his trial starts in 11 days.
Judge George Eichwald ruled he will allow Hilburn 911 calls to be used as evidence.
He also ruled against a change of venue.
That means the jury that will hear this case, will not be from here in Sandoval County, but from Valencia County, where Hilburn's father, Bryon Hilburn, was killed in 2009.
In the 911 call, Benjamin Hilburn asks for an ambulance and then the dispatcher asks about who shot his father in their home in Belen.
A police report and that 911 call say Benjamin Hilburn shot his father with a 20-gauge shotgun in the back of the head as his then 6-year-old sister looked on.
The defense argued children are protected from what amounts to interrogation by an adult, but prosecutors say the call was admissible because it's not a formal statement.
Because this is a juvenile case, and Hilburn is not being tried as an adult, there will only be six jurors seated and two alternates.
The trial is set to begin Monday, Aug. 26, and Hilburn's attorney says he has set aside a month for the trial.
Hilburn's attorney claims the boy was abused and forced to live in a filthy house.
Even if Hilburn is found guilty of murder, the now 14-year-old boy won't be sentenced as an adult which means he wouldn't be locked up past the age of 21.
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