Hilburn was allowed to remain free on bond, despite the prosecution's request that he be detained while awaiting trial. In the motion for detention, Assistant U. S. Attorney Patrick Carney cites Hilburn's collection of child pornography, having illegal drugs around while caring for a three-year-old, and a 2011 incident in which Neosho Police found Hilburn and an underage girl in a car apparently engaging in a sex act:
Furthermore, while HILBURN was not arrested or convicted, the Neosho Police Department reported a 2011 incident involving him and a 16 year old minor. At the time of the report, HILBURN was approximately 25 years old when law enforcement discovered him involved in amorous activities with a 16 year old minor.
According to the incident report, at 10:22 p.m. on January 28, 2011, officers observed a vehicle parked in a local park with two occupants. As officers approached, they observed the female leap into the back seat of the vehicle. Officers noted that the female did not appear to be wearing pants.
After giving the occupants a few moments, officers ordered HILBURN and the female from the vehicle. Officers learned that HILBURN and this minor were, in the least, engaging in amorous contact when interrupted by law enforcement.
Ultimately, while HILBURN does not appear to have a significant criminal history, between September 8 and 9, 2014, he was observed sharing and downloading nearly thirty files of child pornography.
When law enforcement arrived at HILBURN’S residence, they not only discovered numerous images and videos of child pornography on his computer, but that he was committing additional narcotics related crimes, all while he was responsible for the care of a three year old child.
Finally, even though some may dismiss the facts associated with his 2011 incident with a 16 year old girl, when coupled with his recent criminal conduct involving receipt, distribution and possession of child pornography, a disturbing pattern can be readily observed regarding HILBURN’S sexual obsession toward underage children. As such, detention of this defendant is the only measure that can fully ensure that no other children are put at risk.