Son accused of killing abusive custodial dad to go to trial (Valencia County, New Mexico)

I thought this case was settled years ago. Apparently not. The authorities are still trying to crucify this boy for exercising the basic right to self-defense. We've posted on this case before, and it's clear that the child protection authorities utterly failed this boy multiple times. Not only that, they took him away from his protective mother and HANDED THE FATHER CUSTODY. But they've "forgotten" that part of the story, haven't they?

You have to go back to 2009 to get the "lost" backstory. 

This article, for example, makes it clear that Daddy "got" custody after the parents divorced--and retained custody despite SEVEN abuse reports to the Children, Youth and Families Department.

Clearly, all the adults in authority who could have rescued this boy did nothing The abuser daddy was basically coddled--till his son couldn't take it any more and he took matters into his own hands. But you don't see the courts or CYF being held responsible for their screw-ups, do you? 

The dad was BYRON HILBURN.

http://www.kob.com/article/stories/S2721522.shtml?cat=504

Child accused of killing dad will be tried in 2013

Posted at: 08/08/2012 7:40 PM | Updated at: 08/08/2012 8:49 PM

By: Chris Ramirez, KOB Eyewitness News 4

A child accused of murdering his father is set to go to trial for the alleged crime in May 2013.

Ben Hilburn was 10 years old at the time when his father, Byron Hilburn, was found dead in his home in 2009 with a gunshot wound to his head.

Authorities in Valencia County have said Hilburn confessed to using a rifle to shoot his father because he was physically abusing him.

The trial has been delayed several times, chiefly because there is a dispute whether Hilburn's sister should testify against him or not.

When the motion went before a judge earlier this year, he ruled that the younger sister Emily would not have to testify, even though she was a witness to the death of her father.

The prosecution appealed that decision and is awaiting the New Mexico State Supreme Court to issue a final ruling.

With the hope that the Supreme Court will have a ruling in the next nine months, a Valencia County judge set May 20, 2013 as the start of Hilburn's trial.

If the high court does not issue a ruling in time for the trial, the trial date will once again be pushed back.

The defense indicated today it will present 54 witnesses, many of whom are expected to testify about the abuse the boy endured.

Hilburn remains out of custody and was present in Wednesday's pre-trial conference.