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Benjamin Hilburn was just 10 years old when he was charged with murder for allegedly shooting his father in the back of the head.
According to responding officers, the boy confessed to the killing, saying, ““I shot my dad in the head because he was punishing me.”
Hilburn’s sister, who was 6 at the time, told authorities that she saw her brother with a gun in his hand, heard a gunshot, and then saw her father on the floor.
In 2009, when the incident occurred, Hilburn was the youngest person to be charged with murder in New Mexico.
But Hilburn will never be tried because all charges are being dropped.
The district attorney said it was one of the most difficult decisions he has had to make in his career, according to KRQE.
The decision to drop charges came after key evidence, such as the 911 call and the sister’s testimony, were deemed inadmissible according to a state statute that does not allow such statements from those under 13 years of age.
Other key evidence in the case was mishandled. While the shotgun suspected in the killing was tested for fingerprints to rule out the father as the shooter, the gun was never tested for the boy’s fingerprints.
According to KRQE, Hilburn, now 16, lives with his mother in Texas.
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