Mom of son accused of killing custodial dad defends boy (Belen, New Mexico)

Mom isn't going into specifics, but I think the picture is coming into focus. The 10-year-old boy who is accused of shooting and killing his custodial father, BRYAN HILBURN, was an abused child. Probably a very abused child.

http://www.kob.com/article/stories/S1145002.shtml?cat=519

Mother of son accused of killing dad defends boy

Posted at: 09/17/2009 6:26 PM Updated at: 09/17/2009 7:03 PM
By: Jeremy Jojola, Eyewitness News 4

The mother of the 10-year-old Belen boy accused of shooting and killing his father talked to Eyewitness News 4 on Thursday.

She defended her son, who remains in state custody.

The boy is in a hospital and could be released to his mother within days.

The boy's mother spoke for the first time at a court in Los Lunas, saying her son has been through a lot of abuse and doesn't deserve to be attacked on the Internet.

According to investigators, the boy said he killed his dad because he was being punished.

His father, Bryon Hilburn, died three weeks ago from a gunshot wound to the head—and the boy has been in state custody since.

The boy's mother, Monica Albear, said "He's hanging in there. There's just been a lot of abuse."

She said she has been able to see her son every day.

"I just don't want this to happen to another parent, or to another child," she said.

Albear cannot go into detail about what her son has told her to protect his rights, but she did what any mother would be expected to do—she defended him.

"They're basically trying to say he's crazy and he's not, he's a very intelligent, he is very loving, he's very caring. He worries about his mom a lot. I would like for people to quit voicing, putting mean things on the Internet, because it's just not fair," Albear said. "They don't know who he is, they don't know what he's been through, they don't know what my family has been through. And I think it's wrong and I think my son deserves justice."

Albear has two other children.

On Thursday, Hilburn's brother tried getting custody of them, but that didn't happen according to Albear's attorney, Matthew Torres.

Torres said, "We appreciate the fact that they came to their senses this afternoon, and withdrew their petition, and we are very grateful for that."

His mother and her attorney say the boy will be released from the hospital within a matter of days, and that he will go home with her.

"I would like to see him returned home, and I will continue therapies," Albear said.

The police report in the case has been handed over to the district attorney's office.

It's now up to the DA to decide if the 10-year-old boy should be charged.