HOBBS, New Mexico — Alexis Avila, the Hobbs teen who was found guilty of charges related to throwing her baby in a garbage dumpster, was sentenced 18 years in prison Monday with two years suspended. The result is 16 years, and she gets credit for time served.
She faced a mandatory sentence of 18 years after a jury found her guilty in mid-April of child abuse resulting in great bodily harm and attempted first-degree murder. However, the judge had discretion to reduce the sentence by up to one-third.
Avila was caught on security video tossing her newborn baby into a garbage dumpster on January 7, 2022. The video was located after people digging through the dumpster discovered the baby and called 911. Temperatures were in the mid-30’s Fahrenheit.
Avila was back in court Monday for a sentencing hearing. Prosecutors asked that Avila face a higher sentence, closer to 18 years, because of the vulnerability of the victim. Prosecutors also argued that she lacked remorse.
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The child’s father testified in court before the sentence. He said he would never forgive or forget. But he followed that up with the words, “May God forgive you and may God bless you.”
The defense team argued Avila had no criminal history, and she followed the rules of pre-trial release while showing respect. There is nothing to indicate she is a danger to society, her attorney said.
Avila’s father testified and said, “The actions Alexis took will be with us forever.”
“She is my baby girl,” he told the court. He believed Avila was not in her right state of mind when Avila threw the baby into a dumpster.
He said he and his family love all their grandchildren, including the baby who survived being in a cold garbage dumpster.
“We ask that you please have mercy on her,” he said. Avila’s mother said similar things.
Avila then made a statement in her own defense.
“First I am forever grateful,” she said. She appreciated the quick work of those who discovered the baby along with first responders.
“Sometimes I don’t know how to feel,” Avila said. “I feel it in every ounce of my body.”
“I regret I had to miss out on every milestone the baby had,” Avila said.
“I do love him. I truly do,” Avila said. “Family is everything to us.”
“I know what I did was wrong” she continued. “I still do not understand how I did that.”
“I feel angry at myself. It never should have happened,” she also told the court.
After one more witness, the judge then addressed her. He said the seriousness of the crime could not be forgotten. But was willing to take into consideration her undiagnosed mental health issues at the time. He also said her age and lack of maturity were factors.
The judge waived a $15,000 fine. Avila was then taken into custody.