GUILTY NM - Alexis Avila, 18, caught on camera tossing newborn into dumpster, Hobbs, Jan 2022

  • #161
Haven't watched yet, but it looks like she testified today and then the baby's father testified in the state's rebuttal case

 
  • #162
I am watching the trial on Court tv, the defense attorney is so "stupid". She is doing a cross examination on the police officer who was holding the baby, Saul, asking about the umbilical cord, if the LEO is an "expert" on umbilical cords. Good grief. The officer described what she saw, how the baby appeared, that the towel was stiff with frozen blood. And really, why is the defense attorney going on and on here?

There is a video, of the defendant, tossing the garbage bag in the dumpster. Not even tenderly putting the bag in the dumpster, but literally doing a toss, in the air, knowing that there is a living infant in the bag.

There isn't much to work with here. Having a complete description of the condition of the baby at the time of rescue makes the act even more despicable. She would have been better to just leave it, no cross.
 
  • #163
  • #164

I watched her testimony, she is a complete liar. Sociopath. She lies easily. The baby was inconvenient, she got rid of it. Completely disassociated from the entire situation. That doesn't mean she doesn't remember, or was in a "blackout", it just had no meaning to her, she spoke as dispassionate as if she was describing eating pizza. A few tears would have been good. I didn't see any, but I didn't watch the entire testimony. She was cold.

The judge talked about the charges, and explained why he couldn't go with manslaughter, because that meant an action a reasonable person might have done, accidentally. He said what the defendant did, was "not reasonable". So, murder in 2nd degree or 1st degree.
 
  • #165
Friday, April 14th:
*Trial continues (Day 4)-Closing Arguments (@ 10am MT) - NM - Saul, newborn (Jan. 7, 2022 found in dumpster behind Rig Outfitters Jan. 2022, Hobbs; newborn is in stable condition at Lubbock hospital) - *Alexis Nicole Avila (18/now 20) arrested & charged (1/8/22) & arraigned (willful) (1/12/22) with attempt to commit a felony, to wit: 1st degree murder (Felony Murder) & attempt to commit a felony, to wit: 1st degree murder (Willful & Deliberate) was changed (3/1/22) & charged (2/8/22) & arraigned (3/14/22) to abuse of a child (results in great bodily harm) with intentional or recklessly. Plead not guilty to previous willful & deliberate charge on 1/12/22. No pleading entered on abuse charge on 3/14/22. On house-arrest.
No movement on felony murder charge as of 7/14/22. 7/14/22: Attempt murder: Order on preliminary examination bind-over. Felony murder joined with abuse charge.
Trial began on 4/11/23 & ended 4/13/23 with State & defense resting their cases. Closing arguments on 4/14/23. Judge William G. W. Shoobridge presiding.

Case info & court info from 1/7/22 thru 4/7/23 & Trial Day 1-2 (4/12-4/13/23) reference post #159 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8

4/14/23 Thursday, Trail Day 3: State witnesses: Testimony from its final three witnesses. Two medical professionals & the police detective, Detective Daniel Perez. Jurors watched the complete interview Avila gave to Perez hours after tossing the baby into the dumpster.
Following Perez’s testimony, defense attorneys asked Judge William Shoobridge for a directed verdict in the case. Avila’s defense highlighted part of their defense in the case, arguing that the facts of the case do not prove “child abuse resulting in great bodily harm.” Prosecutors opposed the defense’s motion. Within seconds of hearing the prosecution’s rebuttal, Judge William Shoobridge sided with the prosecution, denying the defense’s motion.
Defense witnesses: Dr. Susan Cave, clinical psychologist. Alexis Avila.
State rebuttal witness: Stephen Astorga, father of Saul.
State rested their case about 11:30am. And defense has rested their case.
For more info see posts #163 (article) here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-9
Court expected to resume Friday, 4/14/23 morning around 10am. Both sides are expected to give closing arguments before the case heads to the jury for deliberation.
 
  • #166
While I try to be open minded and extend sympathy to people and understand situations, I do not really see how it is possible to do so here.

She was an adult. She had a (nice) car. Even if you did not know about the 'safe haven' thing, you would still know that you could leave a baby at something like a busy church, even a chain convenience store (like a Walmart, inside of it), something that is open 24/7 like a leisure center and so on. I am aware that not everyone has locations available to them but this was not the case here at all.

In a way it is lucky that people threw the trash bags on top of the baby, because it sounds like hypothermia was the biggest risk due to the temperature.

The only excuse to me would be something like severe mental illness e.g. a psychotic break or something like that.

It just seems absolutely cruel and stupid. Why not leave the baby somewhere else where it will survive? Do they trace people who do this? I don't think they should as that could be off-putting (well, unless there are serious concerns for the mother like health issues). I mean if she had just walked into a place with people in it, put the baby on the floor and walked out, I'm sure someone would have called the relevant people. Honestly, it's just evil (unless someone is severely unwell).
 
  • #167
My mistake - mark it on the calendar.... The 4/14/23 is the WRONG date for Thursday, should be 4/13/23 & it is too late to change it... :)
 
  • #168
While I try to be open minded and extend sympathy to people and understand situations, I do not really see how it is possible to do so here.

She was an adult. She had a (nice) car. Even if you did not know about the 'safe haven' thing, you would still know that you could leave a baby at something like a busy church, even a chain convenience store (like a Walmart, inside of it), something that is open 24/7 like a leisure center and so on. I am aware that not everyone has locations available to them but this was not the case here at all.

In a way it is lucky that people threw the trash bags on top of the baby, because it sounds like hypothermia was the biggest risk due to the temperature.

The only excuse to me would be something like severe mental illness e.g. a psychotic break or something like that.

It just seems absolutely cruel and stupid. Why not leave the baby somewhere else where it will survive? Do they trace people who do this? I don't think they should as that could be off-putting (well, unless there are serious concerns for the mother like health issues). I mean if she had just walked into a place with people in it, put the baby on the floor and walked out, I'm sure someone would have called the relevant people. Honestly, it's just evil (unless someone is severely unwell).

They don't trace them if they have used safe haven, but I think there would be appeals if a baby was left anywhere else. That's still not an excuse though. She knew she was pregnant, she had time to plan and this is the plan she made. She threw him out (literally) in the trash knowing he would die and nobody would ever know.
That's not scared, it's twisted. JMO
 
  • #169
OK. Thank you for clarifying. I hope there is good publicity about 'safe havens'. Does not apply to this case but I would like to think that everyone is aware of them. (What I mean by that is that she was not taking steps to try to ensure that the baby survived, it was not a lack of knowledge or something.)
 
  • #170
  • #171
Guilty - Abuse of a child resulting in great bodily harm
Guilty - Attempted 1st degree murder

 
  • #172
  • #173
Judge is continuing her bond until sentencing on May 1st. He told her "May 1st is not too far off and I suggest you prepare yourself"

Hope she doesn't do a runner.
 
  • #174
Guilty - Abuse of a child resulting in great bodily harm
Guilty - Attempted 1st degree murder

Just saw this on TV. You beat me to it! She is a monster and I hope she goes to prison for a very long time.
 
  • #175
They don't trace them if they have used safe haven, but I think there would be appeals if a baby was left anywhere else. That's still not an excuse though. She knew she was pregnant, she had time to plan and this is the plan she made. She threw him out (literally) in the trash knowing he would die and nobody would ever know.
That's not scared, it's twisted. JMO

Yeah, Google is your friend:


Figure they would know what to do with a baby she didn't want to raise imho.
 
  • #176
  • #177
  • #178

Avila now faces up to 18 years behind bars. Her sentencing hearing is set to take place May 1.
Should be much longer! We need to get where attempted something and the actual something are punished the same. No leniency should be given just because a murder wasn’t successful…..
 
  • #179
Dang, I missed the trial! I don't get all my notifications even when I have posts in the thread.

Anyway I'm glad she got what she deserved! And thanks for your posts, I'll have something to read later on tonight. Let's hope she gets the max at sentencing.

Hugs.
 
  • #180
Dang, I missed the trial! I don't get all my notifications even when I have posts in the thread.

Anyway I'm glad she got what she deserved! And thanks for your posts, I'll have something to read later on tonight. Let's hope she gets the max at sentencing.

Hugs.

Sometimes when a thread gets full & goes to another one I forget to hit "Watch" - and then when I somehow find my way back there are 10 pages of posts!! LOL! You might want to check & see if "Watch" is on for you! :)
 

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