AG: Girl Cannot Testify Against Brother Accused Of Killing Father

Feb 23, 2013

Prosecutors in a case involved a then-10-year-old Belen boy accused of killing his father have hit a major roadblock.

KRQE-TV reports that prosecutors learned Friday the state Attorney General's Office is refusing to fight to have the boy's sister testify. The sister was only 6-years-old at the time of the 2009 shooting and is the only eyewitness.

Prosecutors say the Attorney General's Office has backed out of appealing the case to the state Supreme Court after a judge ruled last year that the sister, now 10-years-old, didn't have to testify.

Authorities say Benjamin Hilburn shot his father, Byron Hilburn, in the head in August 2009.

Defense lawyers have said they plan to call 54 witnesses, many of whom are expected to testify about abuse allegedly suffered by the boy.


Information from: KRQE-TV,

Copyright 2013 The Associated Press.