ALBUQUERQUE (New Mexico) - AN 11-YEAR-OLD New Mexico boy who police say reported he fatally shot his father because the man was punishing him was charged Tuesday with first-degree murder.

Belen Police Sgt Joe Portio said evidence supports the murder charge filed by District Attorney Lemuel Martinez's office. He declined to elaborate, citing a request by the boy's attorney, Jeff Buckels.

Police have said the boy shot 42-year-old Bryon Hilburn with a rifle on Aug 27 while his 6-year-old sister was in the room, then flagged down officers outside the family's home in Belen, about 50km south of Albuquerque. The boy was 10 at the time.

Mr Buckels said he hasn't seen the charges but added: 'The whole idea that a 10-year-old boy is capable of committing deliberate murder is preposterous.'

The boy remains in the custody of his mother. His name is being withheld because of his age. He cannot face adult sanctions because New Mexico law says a child must be 14 or older to be tried as an adult for murder.

According to a police report, the boy told officers he shot his father because he was upset about punishment imposed by Hilburn. The boy also told police he used his own rifle to shoot Hilburn. Hilburn was divorced and had custody of the boy and his two siblings. -- AP