ALBUQUERQUE (KRQE) – Accused child killer Benjamin Hilburn is being hospitalized. The now 16-year-old is still awaiting trial for the shooting death of his father Bryon in their Belen home in 2009.
Hilburn’s attorney’s revealed the hospitalization during a court hearing Monday. She said Hilburn is being checked out for an undisclosed illness but doesn’t anticipate it affecting the case.
Monday, prosecutors asked a judge for an independent evaluation of Hilburn’s younger sister, the only witness to the crime.
The judge denied the request, meaning the girl’s testimony still won’t be allowed.
With the 911 call made by Hilburn the night of the killing also out, prosecutors are evaluating whether they have enough evidence to go to trial.