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Yahoo! My Yahoo! Mail Yahoo! Search Search: Sign InNew User? Sign Up News Home - Help Navigation Primary Navigation Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Secondary Navigation Africa Europe Latin America Middle East North America Search Search: APNewsBreak: Report says punishment led to killing By MELANIE DABOVICH,Associated Press Writer AP - Tuesday, September 15 ALBUQUERQUE, N.M. - A 10-year-old New Mexico boy suspected of fatally shooting his father told officers he did it because the man was punishing him, according to a police report made public Monday. ADVERTISEMENT Police allege the boy shot 42-year-old Bryon Hilburn with a rifle with his 6-year-old sister in the room then flagged down officers outside the family's home in Belen, south of Albuquerque. Investigators with the Belen Police Department have turned over the report and other evidence gathered at the home after the Aug. 27 incident to the district attorney's office. District Attorney Lemuel Martinez says his office has 60 days to review the case and determine whether to file charges against the boy in Juvenile Court. Martinez declined to discuss details of case. The name of the boy is being withheld because of his age. Police said he was being held at a psychiatric hospital in Albuquerque, but officers did not immediately return calls seeking the name of his lawyer. The first two officers who responded to calls of gunshots said the boy asked them to quickly go inside the home. One of the officers heard the boy say, "I shot my dad in the head because he was punishing me," according to the police report. The officers could not open the door because Hilburn was lying on the other side, bleeding heavily from the back of his head, the report said. Officers found Hilburn still breathing when they reached him. He was taken to an Albuquerque hospital, where he later died. Police Sgt. Joe Portio said the boy told the officers he had used his own rifle to shoot Hilburn. The officers asked to see the gun, and the boy led them to a closet in a back room, where he pointed out a black and camouflage rifle in an open gun case, the report states. The closet contained several other rifles. Police seized a 20-gauge shotgun that contained a single yellow round. A spent yellow casing was found in the hallway. In the report, the sister told police she was playing video games when she saw her brother with a weapon. The girl then "heard a shot and saw her father ... lay on the floor by the entrance to the home." The girl has been placed with relatives. Romaine Serna, a spokeswoman for New Mexico's Children, Youth and Families Department, said there were many weapons in the home, but she had no further details. Since 2003, Serna said state officials had received nine calls regarding the family on a department hotline used to report possible child abuse or neglect. Agents found no evidence to support the complaints and there was no basis for a deeper investigation, Serna said. Hilburn was divorced and had custody of both children. Police said they had received no previous calls from the family home. Hilburn's father, John Hilburn, lives near the home where the shooting occurred and said he wants the media to keep their distance from the family. "You're out of luck. I'd appreciate you leaving us alone," John Hilburn told The Associated Press. Officer Jose Natividad noted in the police report that the boy was "emotionless" after the shooting and was "not asking or worrying if his father was going to be OK or not." Prosecutors have said a 10-year-old cannot be charged as an adult or face adult sanctions for a crime in New Mexico. Under the law, a child must be over 14 to be tried as an adult for murder. Email Story IM Story Printable View Blog This Sign in to recommend this article » 0 users recommend Related Articles: World Former Carter press secretary Jody Powell diesAP - Tuesday, September 15 US military deaths in Iraq war at 4,344AP - Tuesday, September 15 US military deaths in Afghanistan region at 752AP - Tuesday, September 15 Calif. judge gives ex assistant sheriff 27 monthsAP - Tuesday, September 15 DC subway worker dies after hit by train last weekAP - Tuesday, September 15 Most Popular – World Viewed Nestle warns of possible exit from Switzerland Remains of Jesus-era synagogue found in Israel Study explains bacteria's resistance to antibiotics Depression harms cancer survival rates: study Britain apologises to WWII code-breaker hero View Complete List » Search: Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Copyright © 2009 Yahoo! Southeast Asia Pte Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Privacy Policy - Terms of Service - Community - Intellectual Property Rights Policy - Help

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