LOVINGTON, New Mexico (Nexstar) — A mother in Hobbs, New Mexico, accused of throwing her newborn baby in a dumpster appeared in court Wednesday. The judge said the teen can stay out of jail pending trial and set house arrest as a main condition of release.
Alexis Nicole Avila, 18, was charged Friday with attempted first degree murder and child abuse. She pleaded not guilty to the charges during the hearing.
A man in Hobbs called 911 Friday evening and said he found a baby in a dumpster behind a business. The baby was taken by EMS to a local hospital and later transported to Covenant Children’s in Lubbock where he was said to be in stable condition.
When announcing conditions of release, Judge William G.W. Shoobridge said he was going to make them “strict as can be.”
“And if you violate any of [the conditions], I will put you in jail until trial,” he said. “Any of them.”
In addition to house arrest, Shoobridge said Avila is not allowed to go on social media or have contact with any male in her house if she is to stay out of jail before her trial. Avila will also be required to seek counselling.
Avila’s defense attorney said the judge should not use the public’s beliefs on the case to decide whether or not to keep her locked up pending trial.
“Your honor, we cannot violate the statute of the law – the procedures – because of what is going on in our community, the outrage, the severity of the case solely,” she said. “Because, effectively, we might as well wrap up Ms. Alexis Avila in a bag and put her in a dumpster as well.”
Several witnesses, including the man who originally found the baby, testified during the hearing. Additionally, the 911 call was played.
Before announcing the conditions for release, judge Shoobridge said the evidence against Avila was “overwhelming.”
“The events, for any human being, are truly repulsive,” he said. “They’re horrific. No one can condone the callous activity.”
However, Shoobridge said Avila, like all Americans, has a presumption of innocence until she is proven guilty.