The State vs. Alexis Avila trial is in full swing. Avila is the teen mom accused of throwing her live newborn into a dumpster behind Rig Outfitters in Hobbs on January 7, 2022.

Avila is charged with “Abuse of a Child Resulting in Great Bodily Harm Intentional or Recklessly” or alternatively “Attempt to Commit Murder”.

Trial Day 1 – Tuesday, April 11

The trial started on Tuesday with four hours of jury selection followed by opening statements from attorneys for both the prosecution and the defense. Five witnesses were then called to the stand.

During opening statements the prosecution referred to video footage of Avila allegedly throwing her newborn into a dumpster, forthcoming testimony from the three dumpster divers who found the alive baby and Avila’s self confession.

During opening arguments the defense agreed with the prosecution’s description of what happened on January 7, 2022. The defense, however, disagreed about the state’s “perspective” of the evidence, noting that the defense would ask jurors to hold Avila “accountable” for her actions but not for what she has been charged with. Her attorney Raymond Conley said, “The defense isn’t going to be asking you to find her absolutely not guilty. We’re going to be asking you to hold her accountable for something, for her actions, but not for what they’ve [the State has] charged her with.” Conley told jurors, “We don’t want you to have sympathy for our client [Avila], but we don’t want you to be overly prejudiced.”

Next, prosecution attorney Dianna Luce called to the stand the state’s first witness Joe Imbriale, owner of Rig Outfitters. It was his surveillance camera that recorded Avila allegedly throwing the trash bag containing the newborn into a dumpster behind his store. His surveillance video footage also showed the dumpster divers finding the baby and the arrival of the Hobbs Fire Department EMS team. This video evidence was shown to jurors, and Imbriale confirmed that the video footage they saw was from his cameras.

The three dumpster divers who found the baby were next to testify. They described how they found the baby and how frigidly cold it was when the infant was found. They also provided details of the 911 call they made after finding the baby, telling dispatchers that the little boy was alive and making noise.

April Nuttall, who is one of the two dumpster divers who found the baby, testified about when she realized something alive was in the dumpster. She said, “I said ‘that don’t sound like a cat or a dog,’ and I ripped the bag open. I said ‘oh my freaking God it’s a baby,’ He could barely even cry. He was so hoarse and so freezing cold. I was warming his little arms up.” Nuttall also told the court that she wrapped the baby in a jacket and that she thought he needed medical attention, mentioning how cold he was, that blood covered him and that the umbilical cord was still attached to him.

The final witness of the day was Hobbs Fire Department’s EMS Specialist Caleb Sheraer. Specialist Sheraer testified that upon examining the infant EMS could tell by the color of his skin that his oxygen levels were low. Sheraer echoed Nuttall’s testimony that the newborn was bloody and that the umbilical cord was still attached. He further said that the child’s responsiveness was low on the scale that medical professionals use when evaluating a child’s state, commenting that the infant was in “distress”.

After Sheraer was dismissed from the stand, Judge Shoobridge recessed the trial until the next day at 9:30 a.m. CET.

Trial Day 2 – Wednesday, April 12

The first witness of the day was Hobbs Police Department (HPD) officer Earl Bittick. The prosecution provided a video clip taken from Bittick’s body camera showing Bittick and two other HPD officers looking into the truck where Nuttall had placed the wrapped-up infant. He said that officers took the baby from the truck and attempted to warm him up. 

Bittick, next, told about officers locating and reviewing the surveillance video footage that showed a white car. He recounted the steps they took in tracking down the owner of the car they saw in the video. The prosecution showed Bittick several photos of the car and asked him to identify it. He did this through the car’s license plate and a sticker on the car’s back window.

HPD officer Jennifer Maxwell was next to take the stand. Prosecutor Luce asked Maxwell about the circumstances of the police coming to the scene. Maxwell said that she had been informed that the situation was “a life threatening emergency”. Maxwell testified that she helped warm-up the baby while waiting for the ambulance to arrive, that the infant had a “bruise” or “cut” on his head and that “his skin didn’t look right at all”. Maxwell further told the court that she assisted in helping the ambulance have clear passage to transport the child to Covenant Health Hobbs and that she went to and stayed at the hospital with the child as HPD was considered to have custody of the newborn.

During cross-examination Avila’s attorney Ibukun Adepoju asked Maxwell about details of the night, especially focusing on both herself and the medical team trying to clean-up the baby after arriving at the hospital. Adepoju also questioned Maxwell about her memory of details about the umbilical cord.

Hobbs physician Susan Heineck was the third witness of the day. The prosecution questioned Dr. Heineck about her medical training and about standard procedures in an emergency room and then asked for her to be admitted as an “expert” regarding urgent care. After being admitted as an expert, pictures of the newborn were shown to Dr. Heineck, and she remembered treating him. Dr. Heineck recalled the baby as being cold and “listless”. She said that he was suffering from hypothermia and cried little. Dr. Heineck described what happens when hypothermia sets in, suggesting that the child’s skin was somewhat blue and that he didn’t have enough energy to cry. The slow heart rate of the child was discussed, and Dr. Heineck testified that because the child’s umbilical cord had not been clamped before EMS arrived and since the cord is a direct avenue to one’s bloodstream, the risk of infection, even sepsis, was high.

When passed to the defense and asked by Adepoju about the bruise on the baby’s head, Dr. Heineck said that it was a “red flag” and could suggest “trauma”.

The last witness called by the prosecution before lunch was HPD crime scene technician Rebecca Morley. Morley was first questioned about her training and experience. Then, Morley testified that she had taken photos of the dumpster and its surroundings, as well as of the infant at the hospital. She also stated that she had gathered the surveillance video evidence from Rig Outfitters owner Imbriale. Morley stated that she had entered into evidence items, such as the towel that the infant had been wrapped in and took additional photographs of the contents of the bag into which the baby had been placed. 

Morley went on to talk about attaining access to and taking photographs at Avila’s residence. She testified that blood was found on the bathroom floor and on other items. A NewsWest9 news report states, “Photos submitted included blood on the toilet seat, towels that appeared to be bloody and have tissue on them and bloody pants and underwear.”

Morley additionally said that while at the Avila residence, a white car that matched the description of the car police were looking for was found. Luce showed Morley photographs of the car, and Morley identified it.

On cross examination defense attorney Conley asked Morley whether she or anyone had suggested to Imbriale not to release the surveillance video footage. Morley responded that she had not made such a suggestion but that she thought other people had cautioned him.

After lunch, the prosecution called to the stand Dr. Dharmendra Kumar from the neonatal intensive care unit (NICU) at Covenant Children’s Hospital in Lubbock, Texas. Dr. Kumar was first questioned about his experience and training. He, then, testified that his first concerns when the baby arrived at Covenant were “hypothermia, low body temperature and heart health.” Dr. Kumar said that his team “stabilized the infant’s vitals” and with time improvement was observed. Dr. Kumar also stated that the medical team had concerns about the infant’s “low oxygen” level and “potential kidney issues” but that without access to the mother’s medical history there was uncertainty. Dr. Kumar confirmed that the baby was on oxygen during his first 24 hours at Covenant and that he discharged the child on January 13, 2022, after the infant’s vitals had been stable for 24 hours.

On cross-examination, Adepoju asked about children dying in neonatal care. Dr. Kumar responded that children born outside the hospital setting are more likely to have serious problems, sometimes resulting in NICU care.

The next witness called was child abuse pediatrician Dr. Shalon Nienow from the University of California at San Diego. After being entered as an expert witness, Dr. Nienow stated that she had been asked to review the case and express her opinion. Dr. Nienow testified that because of the hypothermia, bleeding from the umbilical cord and no food, “inevitably the child would have died” had the child not been found.

In cross-examination Adepoju asked Nienow “…if the child was bleeding from anything including the cord or if the blood was from the birth….” states NewsWest9. “The doctor said there was evidence of wet blood on him when he was found which indicates he had been bleeding….”

The final witness of the day was Emily Marinovich Nor-Lea Hospital District’s Health Information Manager. Marinovich was questioned about health records regarding teen mom Avila.

Court was then recessed.