Hobbs teenager Alexis Avila has been found guilty of “Abuse of a Child Resulting in Great Bodily Harm” and of “Attempt to Commit Murder”. Avila is the teen mom who was accused of tossing her alive newborn, umbilical cord attached, into a trash dumpster on January 6, 2022. Avila was 18 at the time.
A jury rendered its guilty verdict on Friday afternoon, April 14, after more than two hours of deliberation. Avila’s sentencing hearing is scheduled for Monday morning, May 1.
Avila could receive an 18-year sentence, although, according to district attorney Dianna Luce, the sentence could be reduced to 12 years. The trial began on Tuesday, April 11, lasting a total of three days. Avila herself took the stand on the final day of the trial.
Closing Statements
In her closing statement district attorney Luce said, “This case is all about choices. The choices made by Alexis Avila. The choices she made were to try to end the life of that newborn and get away with it.”
In her closing statement public defender Ibukun Adepoju referenced Avila’s “shock”, “panic” and “black outs” about what happened on January 6 and 7, 2022. Adepoju was reminding the jury about Avila’s own testimony that she had “blacked out” and did not remember throwing her newborn into the dumpster.
Before Avila took the stand on Thursday, expert witness for the defense, psychologist Dr. Susan Cave, testified that she had diagnosed Avila with “bipolar 1 disorder” and that Avila’s thinking is “abstract”. Dr. Cave also testified that Avila’s claim that she had her period during her pregnancy is impossible and that this claim suggests “denial”.
Right to Appeal
After the guilty verdict was read and judge William G. W. Shoobridge polled each juror to confirm his or her finding, the judge told Avila that she has the right to appeal the verdict and that if she is financially unable to secure counsel, the state will provide an attorney.
Prosecution Requests Avila Jailed Before Sentencing
Before court was recessed the prosecution asked for Avila to be held in jail until her sentencing hearing. District attorney Luce stated that based on testimony presented by Dr. Cave, the state has “concerns” that Avila could be a “flight risk” and/or a “danger to others”.
Public defender Adepoju refuted Luce’s argument, stating that Avila has met all conditions judge Shoobridge mandated since Avila was charged – house arrest, the wearing of an ankle bracelet, going to the guidance center for counseling, attendance at all court hearings. Adepoju also said that Avila has been well aware since the beginning of the case that the guilty verdict carries with it a mandatory sentence.
Judge Shoobridge ruled to continue with “current conditions”, saying “She has not violated any of the conditions…May 1 is not that far off.” The judge, additionally, advised Avila to “prepare herself” for what is coming.
