Alexis Avila, the teenage mom convicted of throwing her alive newborn into a dumpster behind a shopping mall in Hobbs on January 6, 2022, was sentenced on Monday, May 1, to a mandatory 16 years behind bars followed by two years of parole.

Standing in front of New Mexico’s Fifth District Court Judge William T. W. Shoobridge with her attorney public defender Ibukun Adepoju at her side, the judge told Avila that he is suspending her sentence by two years – to 16 years – based on her age and mental health diagnosis of bipolar disorder.

Avila has already served over four hundred days of her sentence, and for good behavior has the chance of having her sentence reduced by four days per month.

Closing Arguments Heard Before Judge Shoobridge Handed Down Sentence

During Monday’s closing arguments, the prosecution argued that notwithstanding her mental illnesses Avila’s crime was “intentional” and “violent”. The state contended that Avila only showed “remorse” when the guilty verdict was read. Mark Probasco, New Mexico Attorney General Office’s Deputy Director of Special Prosecutions, told the court, “Your Honor, what we see here is a pattern of someone who is not only not showing remorse, but someone who, in fact, takes deliberate steps in her own recollection of this event to minimize her own role.” Probasco went on to say that Avila was “… attempting to kill the most innocent life, the most helpless life, of her own child.”

The child’s father Stephen Astorga also testified. Astorga spoke directly to Avila and stated, “My son, my healthy, my loving and handsome baby boy, he is never going to forget the things you did. But, for that I can say that my son will be somebody one day, no matter how much he has been through.”

When the defense made its remarks, Avila’s father Domingo Avila testified stating that Avila was “raised in a loving home”. Mr. Avila continued, “I also pray very much that one day we get the chance to meet our grandson, baby Saul….”

The last person to speak was Alexis Avila herself. While crying she said about her actions, “I regret that I deprived him [her newborn] of having a loving and caring family.” She continued, “Yes, he has his dad, and he also has his dad’s family, but when my family and I love, we love hard and we love with everything we can. To my family, family is everything to us. My nephews and my niece are everything to myself and my parents.”

Judge Shoobridge’s Comments

Judge Shoobridge thought provokingly told Miss Avila that her actions would be “an unforgivable event for any mother”.

The judge stated, “You have given yourself a life sentence of knowing what you did with your child, and you have also given your son the same life sentence and that is probably something that is as hard to deal with as any time you have in prison.”

Judge Shoobridge, then, reminded Avila that she is actually very fortunate that the dumpster divers found on that frigid January night her newborn cold and weak but breathing. Judge Shoobridge quipped that without the dumpster divers Avila would be faced with “a murder case as opposed to where you are. It’s a miracle,” The judge continued, “I think over and over again that we’d be looking at a murder case but for luck. You’re fortunate that those dumpster divers came along. … Your child would be at the Hobbs landfill dead. The court can’t black that out and neither can you.”

After his comments Avila was handcuffed and remanded into detention.

Avila was on April 14 found guilty of “Abuse of a Child Resulting in Great Bodily Harm” and of “Attempt to Commit Murder”.