LOVINGTON, New Mexico (Nexstar)- On Monday, New Mexico Judge William Shoobridge decided there is enough evidence in the case of Alexis Avila, 18, of Hobbs, to uphold the charges of Attempted First-degree Murder and Child Abuse. That case has now been turned over to the District Court for trial. 

The Hobbs High School student is accused of placing her newborn child in multiple plastic bags filled with trash before throwing him into a dumpster in freezing conditions behind a Hobbs business in January. The teen told police she gave birth at home and was afraid because her parents didn’t know she was pregnant.

Video obtained from the business showed Avila pull up to the dumpster and throw the child inside before driving off. The baby was found later that night by three people who were “dumpster diving”. The case sparked outrage among people living in Hobbs and across the state.

District Attorney Dianna Luce said, “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.”

“We will continue to be a voice for vulnerable children that cannot protect themselves,” said Attorney General Hector Balderas. “We will continue to advocate for the newborn baby and move the case forward to a just resolution.” 

Although the Avila has been bound-over for trial, she is presumed innocent until proven guilty at trial.