ALBUQUERQUE, N.M. (AP) — A judge has ruled that an autopsy won’t be allowed in the case of a 10-year-old New Mexico boy accused of killing his abusive father.
Judge George Eichwald ruled Wednesday that the autopsy in the death of 42-year-old Byron Hilburn is disallowed in a case scheduled to begin Monday in Valencia County District Court.
Eichwald also issued a ruling that may move the case to a higher court. The case has been scheduled for children’s court.
Prosecutors say the 10-year-old put a gun to the head of his 250-pound father and killed him at their Belen home in 2009.
The boy is now 14 and living in Oklahoma. Experts say the boy is just one of a handful of very young children in the nation’s history to face first-degree murder.