Murder suspect is too young for jail

Posted at: 11/03/2009 9:33 PM | Updated at: 11/04/2009 7:20 AM
By: Joe Vigil, Eyewitness News 4; Matthew Kappus, KOB.com

Valencia County DA Lemuel Martinez

The state thinks he is the youngest person ever to be charged with murder in New Mexico. And because the boy is 11 years old, he won't be locked up.

Tuesday, the Valencia County District attorney filed first-degree murder charges against the boy for the shooting death of his father in August.

The boy was put in the custody of his mother while prosecutors decided if they would bring charges against him. And even though he is now charged with murder, he will continue to stay in his mom's custody.

When he was just 10, police say he shot and killed his father, 42-year-old Bryon Hilburn. Court documents indicate the boy was upset because his father punished him.

Valencia County DA Lemuel Martinez says New Mexico law protects the boy from being locked up.

"Can't detain a child under 12 under the Children's Code," Martinez said.

CYFD spokesperson Romaine Serna says the boy is being monitored at his home.

"There are several people in the home on a weekly basis. A CYFD clinical social worker is providing services to the family as well as contract providers. So there are several visits during a week," he said.

Martinez says he is concerned the boy isn't in jail.

"It's our hope the thought or idea of doing the same thing to anyone else will not enter his mind," Martinez said. "That's all we have right now is hope."

If the child is convicted of murder at age 11, he would not go to jail. Because the state hasn't dealt with a suspected killer this young, no one can say for sure what would happen to him at that point.

The boy's attorney, Jeff Buckels, says he hasn't seen the charges yet, but says it is preposterous that the boy would be capable of committing deliberate murder.

The district attorney says his case will stay in children's court because in New Mexico, kids under 14 can not be charged as adults.

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