ALBUQUERQUE, N.M. (AP) — A judge has ruled that a 911 recording linked to a 10-year-old accused of killing his abusive father will not be allowed in court.
Judge George Eichwald ruled Wednesday that the 911 call of the boy reporting the death of 42-year-old Byron Hilburn would not be allowed in a case scheduled to begin Monday in Valencia County District Court.
Eichwald also ruled that the case can proceed to a higher court. The case was scheduled for children's court.
Prosecutors say the 10-year-old put a gun to the head of his 250-pound father and killed him at their Belen, N.M., home in 2009.
Experts say the boy, now 14 and living in Oklahoma, is just one of a handful of very young children in the nation's history to face first-degree murder.
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