LOS LUNAS, N.M. (KRQE) - Benjamin Hilburn, the boy who was 9 years old when he shot and killed his father, is moving to another state despite the case still pending against him.
On Thursday a judge granted a request allowing Hilburn and his mother to move to Oklahoma.
Hilburn shot his dad Bryon in August 2009 in their Belen home.
There's no dispute he did it, but his attorney's argue that Hilburn was abused. The district attorney's office disputes that claim
The case has yet to go to trial because of a lot of legal wrangling .
This case is unique because Hilburn is the youngest person in New Mexico to ever be accused of murder.
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