Alexis Avila, the 18-year-old Hobbs teen accused of throwing her newborn into a dumpster behind Rig Outfitters and Home Store on January 7, is going to trial for attempted first degree murder and felony child abuse resulting in great bodily harm.
New Mexico Attorney General Hector Balderas and 5th Judicial District Attorney Dianna Luce, serving Chaves, Eddy and Lea counties, announced on Monday, February 28 that Avila has been “bound-over” for trial.
About the determination that Avila will go to trial, Justice Luce is quoted in a Los Alamos Daily Post article as saying, “We are thankful that this first step towards justice has resulted in a finding of probable cause, and we look forward to trying this case on the merits.”
Attorney General Balderas said, “We will continue to be a voice for vulnerable children that cannot protect themselves. We will continue to advocate for the newborn baby and move the case forward to a just resolution.”
Preliminary Hearing
According to the Los Alamos Daily Post, Fifth Judicial District Court Judge William Shoobridge, serving Lea County in Division III, ruled in Monday’s preliminary hearing that “…evidence presented provided probable cause to believe that the crimes were committed.”
During Monday’s preliminary hearing, first responders told the court about the infant boy’s “…fight for life after being found in a freezing Hobbs dumpster…,“ states KRQE News 13. The same news story suggests that prosecutors claimed that “… the conditions the child was left in would cause death had the baby not been found.”
Dr. Susan Henick, the emergency room doctor who treated the infant, stated that the child was “cold to the touch”, lethargic and bluish in color. Dr. Heineck said, “In my 27 years of doing this, I have never seen anyone, child or adult, have a temperature that was not read with a digital thermometer.”
Hobbs police officer Jennifer Maxwell told KRQE News 13 that after putting the child under a heat lamp, trying to start an IV and poking the infant with needles, he didn’t cry or flinch. “He was just kind of laying there lifeless.”
Innocent Until Proven Guilty
The public is reminded that Avila is presumed innocent until she is proven guilty.
Prosecuting the case will be District Attorney Luce. Backing her up will be Caitlin L. Dillon, trial attorney for the State of New Mexico, and Mark Probasco, Special Assistant Attorney General for the office of the New Mexico Attorney General.
Avila pleaded not guilty five days after the incident and has been under house arrest pending trial. As of this writing the Lea County Tribune does not know the name of an attorney who will represent Avila, and the trial date has not yet been set.
