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

[Niner]

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
03/29/2023 NTC: HEARING (MOTION)
April 3, 2023 at 2:00 p.m.

03/28/2023 MTN: IN LIMINE
State of New Mexico's motion in limine to exclude


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
04/14/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/13/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/12/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/11/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/03/2023 2:00 PM MOTION HEARING Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

link: Stale Session

 

[Niner]

Monday, April 3rd:
*Motions Hearing (@ 2pm 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 set to begin on 4/11/23 (thru 4/14/23). Judge William G. W. Shoobridge presiding.
Case info & court info from 1/7/22 thru 2/17/23 reference post #135 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-7
2/27/23: Response to Defendant's motion for change of venue. Motions hearing set on 3/9/23 @ 11am. Order: on defendant's Motion for change of venue.
3/9/23 Update: Avila asked for her trial to be moved. She is asking to change her trial venue from Lea County to Lincoln County. Avila’s defense attorney is asking a judge to change her trial venue claiming media coverage will get in the way of a fair trial. Avila’s defense attorney, Ibukun Opeyemi Adepoju, said, “A lot of people in Lee county have already formed a fixed opinion about this & a lot of does refer to the information that they have seen through the media.” The trial is already set for April 11th through April 14th in Lea County. But the state is requesting that the court denies this motion & continue the trial in Lea County in April. State prosecutor Mark Probasco said, “The citation of a lot of news coverage does not meet the burden of showing coverage of inflammatory nature.” The state is also arguing that changing the venue to Lincoln county would not be feasible, especially with the number of witnesses being called to testify. Avila’s defense attorney says if the court rejects moving her trial to Lincoln county she will ask the court to still move the trial outside of Lea County. Judge William Shoobridge says he will write an order on the motion. He’s hoping to have a decision as early as Monday, 3/13/23.
3/13/23 Update: Judge William Shoobridge Order: Defendant's motion for change of venue-Denied. The judge ruled, in part, that Avila’s defense “presented no testimony or specific documentary evidence showing an impartial trial is impossible in Lea County” “or any county in the Fifth Judicial District.” Next trial set to begin on 4/11/23 @ 8:30am running thru 4/14/23.
3/28/23: State's Motion in Limine to exclude. 3/29/23: Motion hearing on 4/3/23 @ 2pm.

 

[Niner]

Don't know what the motions hearing was about...


Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
04/03/2023 CERTIFICATE OF DISCLOSURE OF INFORMATION

04/03/2023 SUBPOENA RETURNED
Allison Gonzales

04/03/2023 SUBPOENA RETURNED
Stephen Astorga


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
04/14/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/13/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/12/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/11/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/03/2023 2:00 PM MOTION HEARING Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

link: Stale Session

 

[Niner]

just a docket update - looks like trial is still a go on 4/11/23.

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
04/06/2023 JURY INSTRUCTIONS
Plaintiff's requested

04/05/2023 WITNESS LIST
Amended defense expert

04/04/2023 ORD: ORDER P 1
Concerning Susan B. Cave, PHD's Testimony

04/04/2023 WITNESS LIST
Sixth Amended

link: Stale Session

 

[Niner]

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
04/07/2023 MTN: IN LIMINE D 1
DEFENDANT'S MOTION IN LIMNE


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
04/14/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/13/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT
Courtroom 502

04/12/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/11/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

link: Stale Session

 

[Niner]

Tuesday, April 11th:
*Trial set to begin (@ 8:30am 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 set to begin on 4/11/23 (thru 4/14/23). Judge William G. W. Shoobridge presiding.
Case info & court info from 1/7/22 thru 3/28/23 reference post #142 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8
3/29/23: Motion hearing on 4/3/23 @ 2pm. 4/3/23 Update: Subpoena returned: Stephen Astorga & Allison Gonzales. Certificate of Disclosure of Information filed. Next trial set to begin on 4/11/23 @ 8:30am. 4/4/23: 6th amended witness list. Order: concerning Susan B. Cave, PhD's testimony. 4/5/23: Amended defense expert witness list. 4/6/23: Plaintiff's requested jury instructions. 4/7/23: Defendant’s Motion in Limine.

 

[JerseyGirl]

Trial set to start for Hobbs woman accused of throwing baby in dumpster

Alexis Avila, accused of throwing her newborn baby in a Hobbs dumpster, will go on trial Tuesday.

www.kob.com

 

[Niner]

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
04/10/2023 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL
ENTRY OF CO-COUNSEL

04/09/2023 EXHIBIT LIST
State's Jury Trial


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
04/14/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/13/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/12/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

04/11/2023 8:30 AM JURY TRIAL Shoobridge, William G. W. LOVINGTON DISTRICT COURT Courtroom 502

link: Stale Session

 

[Niner]

Opening statements heard in Alexis Avila trial, testimony begins

Opening statements were heard Tuesday in the trial of a teenage mother, Alexis Avila, accused of throwing her newborn baby boy in a Hobbs dumpster.

www.kob.com

April 12, 2023
LOVINGTON, N.M. — Prosecutors got down to business on Day 1 of the Alexis Avila trial. She’s the teenage mother accused of throwing her newborn baby boy in a Hobbs dumpster last winter.
[.....]
The court sat jurors, heard opening statements and started witness testimony Monday. Jury selection took about four hours, and opening statements only took about 20 minutes.

Prosecutors quickly referenced the video footage of Avila throwing her newborn into a dumpster behind a Hobbs business. .....
[.....]
The state moved right into witness testimony and video evidence Tuesday afternoon. They called Joe Imbriale to the stand first – he’s the Hobbs business owner who caught Avila on camera.

The state played different angles of the surveillance video, including from the time dumpster divers found the baby, up until first responders got there.

The three dumpster divers also testified Monday afternoon, explaining how they found the baby, how cold it was that night, and giving details about their 911 call. The state played the entire 911 call for the jury.
[.....]
The last witness was an EMS specialist with the Hobbs Fire Department who responded that night. He was one of the first to care for the baby that night, so he described how they treated the baby boy.

 

[Niner]

Also a short YT update:

 

[Niner]

Wednesday, April 12th:
*Trial continues (Day 2) (@ 8:30am 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 (thru 4/14/23). Judge William G. W. Shoobridge presiding.
Case info & court info from 1/7/22 thru 4/7/23 reference post #146 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8
4/11/23 Tuesday, Trial Day 1/Jury Selection Day 1: Jury selection took about 4 hours & open statements only took about 20 minutes.
State witnesses: Joe Imbriale – he’s the Hobbs business owner of Rig Outfitters who caught Avila on camera. State showed the video footage. The three dumpster divers also testified. The state played the entire 911 call for the jury. The last witness was an EMS specialist Chris Shear with the Hobbs Fire Dept. who responded that night.
For more info see posts #149 & 150 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8
Trial continues on 4/12/23 & will run through Friday, 4/14/23.

 

[JerseyGirl]

Trial for woman accused of throwing baby in dumpster underway

"I ripped the bag open. I said, 'Oh, my freaking God, it's a baby.'"

www.koat.com

Multiple witnesses were called to testify, including the owner of the business where the surveillance footage was captured.

"I ripped the bag open. I said, 'Oh, my freaking God, it's a baby. And he could barely even cry. He is so hoarse and it's so freezing cold. I was warming his little arms up," said April Nuttall.

Nuttall was just one of three witnesses who discovered the infant after going dumpster diving in the area.

An EMS specialist from the Hobbs Fire Department was then called to the stand and explained that the baby had low oxygen levels when crews arrived at the scene.

After his testimony, he was dismissed, Shoobridge convened the court for the day, with the trial to resume at 8:30 a.m. Wednesday.

 

[Gardenista]

Looks like they are streaming this trial

 

[branmuffin]

Looks like they are streaming this trial

Wow, the defense lawyer is flogging a dead horse, imo. Not hold her accountable for great bodily harm? You mean because some dumpster divers found the baby in time? Over prejudiced? I think the jury will assess the evidence buddy; they'll be watching that video over and over again.

 

[Trebor5591]

Just horrible! To think a mother is capable of doing that to her own baby! UGH!

 

[mpnola]

Looks like they are streaming this trial

Thank you! I was wanting to ask. I have too many trials playing, but I will defo watch it after!

 

[Gardenista]

Day 2 stream

 

[Niner]

Since I can not spend 7 hours listening to the trial ^^ - I found an article instead...

Police, doctors testify in Alexis Avila trial, accused of tossing baby in dumpster

LOVINGTON, N.M. (KRQE) – Police and medical professionals dominated the second day of testimony in the trial of a Hobbs teen accused of throwing her newborn baby into a dumpster. Charged in th…

www.krqe.com

April 12, 2023
LOVINGTON, N.M. (KRQE) – Police and medical professionals dominated the second day of testimony in the trial of a Hobbs teen accused of throwing her newborn baby into a dumpster. Charged in the January 2022 case, Alexis Avila is facing one count of attempted first degree murder (willful and deliberate), or, alternatively, one count of of child abuse resulting in great bodily harm.

After getting through their twelfth witness Wednesday, prosecutors could be finished presenting their cases as early as Thursday morning. The trial is expected to last through Friday.
[.....] - A LOT here to read!
Prosecutors are expected to call at least three more witnesses Thursday. Avila’s defense begin its arguments by Thursday afternoon.

 

[Niner]

Thursday, April 13th:
*Trial continues (Day 3) (@ 8:30am 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 (thru 4/14/23). Judge William G. W. Shoobridge presiding.
Case info & court info from 1/7/22 thru 4/7/23 & Trial Day 1 (4/12/23) reference post #151 here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8
4/13/23 Wednesday, Trail Day 2: State witnesses: Jurors heard from four different witnesses Wednesday morning, including three people from Hobbs Police & a Hobbs emergency room physician. Presenting evidence, prosecutors showed jurors police body camera video recorded by Earl Bittick, one of two Hobbs Police officers who were the first to arrive at the scene where the baby was found. Another witness, Hobbs Police officer Jennifer Maxwell described arriving on the scene after 7 p.m., finding the boy in the care of April Nuttall. Nuttall had pulled the boy out of a trash bag. Maxwell described Nuttall as caring for the boy. In the emergency room, Dr. Susan Heineck Hobbs Police Crime Scene Technician. Jurors heard from several other medical professionals, including a neonatal specialist that helped treat the boy; an expert in pediatrics & child abuse & a medical records supervisor. A doctor at the Covenant Children’s Hospital Lubbock where the boy was transferred, Dr. Dharmendra Kumar said Wednesday the boy spent about six days in the neonatal intensive care unit, with roughly four of those days in his care.
For more info see posts #158 (article) here:
https://www.websleuths.com/forums/t...rn-into-dumpster-hobbs-jan-2022.608622/page-8
Prosecutors are expected to call at least three more witnesses Thursday. Avila’s defense will begin its arguments by Thursday afternoon. Trial continues on Thursday, 4/13/23 & will run through Friday, 4/14/23.

 

[WingsOverTX]

Since I can not spend 7 hours listening to the trial ^^ - I found an article instead...

Police, doctors testify in Alexis Avila trial, accused of tossing baby in dumpster

LOVINGTON, N.M. (KRQE) – Police and medical professionals dominated the second day of testimony in the trial of a Hobbs teen accused of throwing her newborn baby into a dumpster. Charged in th…

www.krqe.com

April 12, 2023
LOVINGTON, N.M. (KRQE) – Police and medical professionals dominated the second day of testimony in the trial of a Hobbs teen accused of throwing her newborn baby into a dumpster. Charged in the January 2022 case, Alexis Avila is facing one count of attempted first degree murder (willful and deliberate), or, alternatively, one count of of child abuse resulting in great bodily harm.

After getting through their twelfth witness Wednesday, prosecutors could be finished presenting their cases as early as Thursday morning. The trial is expected to last through Friday.
[.....] - A LOT here to read!
Prosecutors are expected to call at least three more witnesses Thursday. Avila’s defense begin its arguments by Thursday afternoon.

He's a beautiful little survivor!