Alexis Avila sentenced to 16 years in prison, 2 years of parole post incarceration

On Jan. 7, 2022, Hobbs police responded to a call and found that an infant had been discovered in a dumpster behind some businesses.

While the infant was taken to the hospital, police located surveillance footage and were able to identify a suspect who had thrown the baby away.

Avila was interviewed by police, where she confessed to giving birth to the child before throwing it away.

She was arraigned and charged, though Judge William Shoobridge allowed her to remain on house arrest until the trial.

In May of 2022, Avila had filed a request to see the child, which the judge denied.

“He’ll know for a lifetime the actions that you took, that you tried to terminate his life,” Shoobridge said.

Following this incident, Hobbs installed a baby box for safe drop off at the local fire station and a New Mexico senator has filed legislation pushing for all 33 counties in the state to have one.

In the weeks leading up to the trial, the defense attempted to get the trial moved to Lincoln County based on fears of an impartial jury.

The state also filed a motion hoping to exclude expert testimony and evidence from Dr. Susan Cave, a clinical psychologist who evaluated Avila twice.

Following a four hour jury selection process, the State of New Mexico vs Alexis Avila began just after 2:30 p.m. CST.

Right as the trial began, one of the jurors was excused based on a limited understanding of English.

After Judge Shoobridge read the rules of the courtroom, prosecuting attorney Mark Probasco began his opening statements.

Probasco previewed the evidence that would be submitted to the jury and asked them to return a guilty verdict at the end of the trial.

Defense attorney Raymond Conley presented Avila's side of the opening arguments. 

Conley said they are asking for the jury not to let Avila go entirely free but to hold her accountable, just not for what she has been charged with.

"We don't want you to have sympathy for our client, but we don't want you to be overly prejudiced," Conley said to the jury.

Once opening statements were complete, the state called its first witness: Joseph Imbriale, owner of Rig Outfitters. This business was where the baby was thrown into the dumpster.

Prosecuting attorney Dianna Luce questioned Imbriale about his business, including the number of cameras around the area and how often he checks them.

Imbriale told the courtroom that he had received a phone call from the Hobbs Police Department asking if he had any cameras at his business.

One of his cameras was trained on a group of dumpsters, which resulted in the video evidence of Avila allegedly throwing her child in the dumpster.

The attorney then played the surveillance video for the jury.

Next Luce presented an alternate camera view, which Imbriale confirmed was from his system. 

Imbriale told the courtroom that he was aware of dumpster divers coming to the dumpster at his store at night.

The state then played more surveillance footage from that same day, during the night when the dumpster divers found the baby.

After Luce then questioned Imbriale on the dumpster pickup schedule, the state passed the witness to the defense.

Conley questioned Imbriale about how police got in contact with him about the footage.

Imbriale told Conley he gave them a thumb drive of the footage, but police never told him that it was evidence or said anything at the moment about not releasing videos anywhere.

He did say he posted the footage to Facebook and after this the police requested him not to post any more.

Following this line of questioning, the defense passed the witness back to the state.

Luce also questioned Imbriale about the posting of the video, asking him why he felt the need to post it on Facebook.

The Rig Outfitters owner told the jury he wanted to make people aware of what happened and that the footage was hard to watch.

Imbriale was then dismissed and the state called its next witness.

Michael Green was brought to the stand and Probasco once again played surveillance footage from the night the baby was found.

Green indicated he was inside the truck in the footage with two others when they found the baby.

Probasco asked Green about whether or not he was wearing a jacket at the time, and when Green confirmed he inquired if it was cold that January.

Green indicated the group of three heard sounds coming from a bag inside the dumpster while they were there looking for scrap metal.

He heard his companions say that there was a baby in the bag and the group decided to call 911 out of concern for the child.

The state submitted an audio recording of the 911 call made by Green, who told dispatchers the child was still alive and was making noise. He also said the child's umbilical cord was still attached.

During the phone call, Green turned the phone over to a companion named Hector and eventually over to another person named April.

In the phone call, April told the dispatcher the child was freezing cold and she had placed him in a jacket.

Following a few more questions, the state passed the witness to the defense.

Ibukun Adepoju, one of Avila's defense attorney, asked Green about who it was specifically who opened the bag containing the baby.

Green told Adepoju he believed the bag was simply twisted to close it.

After Probasco had the witness again, Green told him he did not open the bag because he had a "weird feeling".

Green was dismissed and the state called Hector Jasso, another one of the three who found the baby.

Jasso also recounted finding the child in the dumpster and recalled freaking out, giving Green his phone to call 911.

He also recounted how chilly it was that night and how April had taken his jacket to warm the baby up.

Luce questioned Jasso about the details of the night, pointing out details in the surveillance video.

Tashika Curlee took over cross-examination on behalf of the defense, who asked Jasso about his relationship with April and why the three of them went to the dumpsters that night.

Following Jasso's questioning, the prosecution called April Nuttall to the stand, the last of the three people who had found the baby in the dumpster.

Nuttall recalled hearing the baby and the three of them thinking it was a dog or cat at first before they opened the bag.

She told the court the boy had been wrapped in a red towel and was lying on some trash. He was barely able to cry but did make noise.

Nuttall told Luce that she believed the child needed medical attention based on how cold he was and the fact that he was still attached to a long umbilical cord with blood all over him.

After hearing Nuttall's testimony, the defense declined to cross-examine and the state called its next witness, Caleb Sheraer.

Sheraer, an EMS Specialist with the Hobbs Fire Department, described being dispatched to the scene where the child was found.

He informed Alyssa Cervantes, a prosecuting attorney, the courtroom that he and two other people were called out for an unresponsive person.

Sheraer said upon examination of the child they noticed he had low oxygen levels by the color of his skin. They also found him to be cold and started to warm him up on the way to Covenant Health Hobbs.

The EMS did not notice any wounds to the child but did see the umbilical cord and the blood all over the child.

Sheraer also went into detail about how responsive the infant was compared to other babies right after they are born. 

The child was on the low end of the responsiveness scale medical professionals use to evaluate children, and indicated the child was in distress.

Following this discussion, Curlee began questioning Sheraer about his time with the baby, pointing out the specialist indicated the child had improved in the five to eight minutes he had him.

After Sheraer was dismissed, Shoobridge convened the court for the day, with the trial to resume at 9:30 a.m. CST on Wednesday.

Day 2 of the Avila trial began with the prosecution questioning its first witness of the day.

Probasco questioned a police officer, Earl Bittick, about the evening of Jan. 7 before showing video footage of police responding to the scene were the child was found.

From the officer's body camera, the courtroom could see the witness and two other officers look inside the truck and see where Nuttall had the baby wrapped up.

The officers took the child, who was faintly crying, and began to work on warming him up.

He then recounted the officers locating the video footage and what they did to track down the owner of the car seen on the video.

Probasco showed several pictures of a white car and asked the officer to identify the car, which he was able to do using the license plate and a sticker on the back window of the car.

Adepoju the cross-examined the officer on behalf of the defense.

Next to the stand was another officer, Jennifer Maxwell.

Luce inquired about the circumstances of the evening, which Maxwell said she was told it was a life-threatening emergency when the call for the baby came in.

She also described her observations of the baby when she first saw him and explained how she helped warm him up until the ambulance arrived.

Maxwell said he had a bruise or cut on his head and that "his skin didn't look right at all".

She told the courtroom that she helped clear the way to rush the ambulance to the hospital with full lights and sirens, then she stayed at the hospital since police were considered to be in custody of the child.

The officer recalled hospital staff trying to find his body temperature but it being too low to register on multiple thermometers.

Luce showed photographs of the baby to the courtroom and asked Maxwell to identify him, as well as things like the bruise on his head.

Adepoju began to cross-examine Maxwell on the details of the night, focusing especially on Maxwell's recounting of the medical team and herself trying to clean up the child after he got to the hospital.

She also questioned the officer on the details of the umbilical cord on the night of, which she had previously said did not look to be a clean cut compared to other umbilical cords she had seen in the past.

Maxwell was then dismissed and the next witness called was Dr. Susan Heineck, a physician working in Hobbs.

Probasco questioned Heineck about her training as a doctor, her work in multiple states including New Mexico, and what standard procedure would be when patients show up to an emergency room.

The state asked to admit Heineck as an expert witness in regards to emergency medicine before beginning to question her about the evening of Jan. 7.

Heineck recalled treating a newborn baby, and identified the child from the pictures the state had previously submitted.

The doctor said she was very worried when the baby came into the hospital, calling him "listless" and saying that he was cold, even suffering hypothermia, and gave little if any cry.

She also described what happens to a hypothermic body, explaining why the child was likely blue and had no energy to cry.

Probasco brought up the child's low heart rate, to which Heineck began explaining that if a baby's heart rate is low enough, even if they have a pulse, CPR is started to get their heart rate back up so they do not "circle the drain" and die.

The doctor also talked about the process of warming the infant up, including placing him under a heat lamp and providing warm oxygen.

In regards to the umbilical cord, Dr. Heineck said that since the cord was not clamped prior to EMS arriving the cord is a direct conduit to the bloodstream, meaning the risk of potential infection and even sepsis is increased.

The state passed the witness to the defense, who questioned her about the bruise on the child's head. Dr. Heineck said that was definitely a red flag and could be a sign of trauma.

Adepoju inquired if there were other situations that might have required the baby to be transferred to another hospital even if he were born under normal conditions, and also asked about documentation from the hospital when the baby arrived at the ER.

Next the state called Rebecca Morley, a crime scene technician with the Hobbs Police Department.

After questioning her about her experience and education as well as her day-to-day procedures, Morley began discussing her involvement in the discovery of the baby.

Morley recounted taking photos of the scene where the child was found, including the dumpsters and a trash bag on the ground.

After collecting the video evidence from Imbriale, Morley said she moved to the hospital to take pictures of the infant.

Morley also discussed entering items into evidence, including the towel the boy had been wrapped in, as well as the photographing of the items inside the bag he had been inside.

One of the pictures found inside the trash bag showed a prescription box with Avila's name clearly listed on the item.

The state then brought out the bag of trash to show the jury, which Morley identified and explained the process of how these evidence bags are packed.

Next Morley explained the process of entering and photographing Avila's residence, pointing out blood on the bathroom floor as well as other items that had blood on them.

Photos submitted included blood on the toilet seat, towels that appeared to be bloody and have tissue on them and bloody pants and underwear.

While in a bedroom where a significant amount of the blood was found, Morley said she observed items indicating that the resident of the room was a high school student.

Morley said while at the residence they also found a white vehicle matching the description of the vehicle of interest police were looking for. 

Luce showed several pictures of the car which Morley identified.

The crime scene tech said she also recovered a cell phone and a Ring door bell camera.

Following this, the state passed the witness to the defense.

Conley presented documents Morley had photographed that showed medical records of Avila being treated for back pain at Lea Regional Medical Center.

He also questioned Morley on if she or anyone had cautioned Imbriale not to release the footage to which she said she did not say anything but she believed others had.

After the courtroom returned from lunch, Cervantes called Dr. Kumar from Covenant Hospital in Lubbock to the stand.

Kumar was questioned on what pediatric medicine involves and what kind of training goes into being able to work in a neo-natal intensive care unit (NICU).

The doctor reported the immediate concerns when the child arrived at Covenant were hypothermia, low body temperature and heart health.

He also recounted how the medical team stabilized the infant's vitals and observed him over the days to see his improvement.

There were also some concerns about low oxygen and potential kidney issues, but since the medical team did not have the mother's labs they were unable to be sure what exactly was happening.

Labs indicated the child had a high amount of creatine in his system, which indicated his kidneys were not properly filtering his blood.

For the first 24 hours at Covenant, the baby was on oxygen, Dr. Kumar said.

Kumar was the one to discharge the child from Covenant on Jan. 13, 2022. At the time of discharge, the baby's vitals had been stable for over 24 hours.

Adepoju began her cross-examination by asking about how often Dr. Kumar had seen children in neo-natal care die and what the most common reasons for that would be.

Kumar also said babies who are born in conditions outside of the hospital are more likely to encounter serious issues which could result in them being in the NICU.

After Kumar was dismissed, the state called Dr. Shalon Nienow, a child abuse pediatrician at the University of California at San Diego.

After discussing the training and experience that led to her line of work, Nienow was entered as an expert witness in pediatrics and child abuse pediatrics.

While she did not handle the child, she was asked by a lawyer to look at the case and offer her opinion.

Nienow was given access to the police report, EMS records, Hobbs' hospital medical records, records of the transport from Hobbs to Lubbock and data from the Lubbock hospital in relation to the child.

As an expert witness, Nienow said "inevitably the child would have died" if he had not been found between the hypothermia, the bleeding from the umbilical cord and the lack of food.

The doctor described how the umbilical cord not being clamped likely led to anemia in the child and possible infection.

Following this line of questioning, the doctor was passed to the defense team for questioning.

Adepoju questioned Nienow on whether she could determine if the child was bleeding from anything including the cord or if the blood was from the birth from what she had seen.

Although the baby was not bleeding at the time he was found, the doctor said there was evidence of wet blood on him when he was found which indicates he had been bleeding, leading to his anemia.

Nienow was then dismissed and the state called Emily Marinovich, Health Information Manager with the Nor-Lea Hospital District concerning clinic records.

Lawyers questioned Marinovich about records issued in regards to Avila.

The courtroom recessed early for the evening, with the courtroom planning to resume at 9:30 a.m. CST.

Stick with NewsWest 9 as we have exclusive camera access and will be livestreaming the entire trial.

Day three began with testimony from Dr. Sarah Drennan, who admitted the baby to Covenant Children's Hospital in Lubbock.

The doctor said the child was much more "floppy" than an average full-term baby.

Several moments of earlier testimony were repeated, including discussion of the baby's kidneys.

The defense also pressed the issue of whether or not the medical records for the baby listed him as being abandoned at birth.

Next to the stand was Dr. Thomas Bowman, a neonatologist at Covenant.

Bowman also discussed the condition of the child, including him being anemic.

Luce questioned him on how long it took the child to move from IV fluid to being able to eat normally.

Curlee inquired about the hospital testing the baby for drugs as well as tests for things like HIV and syphilis.

Bowman said the baby was positive for opiates at the time of the test, to which the defense brought out some prescriptions Avila had been taking.

When asked if the codeine Avila had been prescribed could stay in the bloodstream for that amount of time, Bowman said he believed that would be the case.

The next witness called was Detective Daniel Perez with the Hobbs Police Department.

Perez, who is the case agent for this incident, was able to sit in the courtroom for the entire trial and has heard the testimony so far. This is prohibited for most witnesses.

The detective testified about the process of tracking down the suspect that the police department believed was responsible for the baby being thrown in the dumpster.

Perez and his team matched the plates seen on the car in the video to a home in Hobbs and made contact with the residents from the house.

He also talked about finding Avila's phone and said they did not find any evidence of her working with other people in this alleged crime.

The state then began to play the body camera video of Perez's interview with Avila.

During the interview, Avila told Perez that she had only found out the day before that she was pregnant. She told the officer she had been having back pain and she thought it was from a car accident she had been in back in Sept. 2021.

When she went to the clinic, Avila said they did a urine test which informed her that she was pregnant.

However, Perez said he had talked to someone who informed him that Avila knew back in March that she was pregnant and had told her she did not want the baby.

Avila told the officer she thought she was constipated before she gave birth.

In the video Avila told the officer she was scared and just left the child there while she cleaned up. She was in the house by herself during the time of the birth.

During the questioning Avila said that she did gain weight and was eating more but didn't notice any other changes that would indicate she was pregnant.

Avila said she put the child in a bag and took it out to the car where she put it in another trash bag. She then said she drove around and "didn't know what to do".

Before tossing the child in the dumpster, Avila said she put a hair tie around the black bag but admitted it was on the verge of breaking.

Even though Avila said she did not tell her parents about her being pregnant, the officer said he believed they did not know.

Later Avila changed her story, saying she "knew" back in August but she didn't know, saying she had taken two pregnancy tests and got a positive and a negative.

After some questioning about the baby's father, Avila expressed interest in getting the baby back if he was okay.

Once the video ended, Probasco began asking about the scene the night the baby was found.

The state then passed the witness to the defense, where Adepoju inquired about Avila's Miranda right and her willingness to talk to the detective.

Adepoju also pressed on elements of the recorded interview, including the trail of information about someone telling Perez she had known back in March. Perez admitted he did not follow up on that thread since the math seemed to be incorrect.

When asked if it bothered him that Avila kept referring to the baby as "it", Perez said yes. Adepoju pointed out that a doctor who testified also referred to the child as "it" and pointed out his own use of the word "it".

Perez said he was more worried about the mother's use of the word over someone else.

The defense also pointed out that during the interview Perez had mentioned some previous run-ins with Hobbs Police relating to suicidal intention.

Adepoju also referenced documents from the clinics approving Avila to return to work or school just a few days after she had visited them.

Probasco then produced text message records indicating Avila had sent and received messages about a possible pregnancy on Dec. 14, 2021, though the defense argues there was a large element of sarcasm present in the texts.

Once Perez was released from the stand, the state rested its case.

The defense moved for a direct verdict on the abuse of a child count, claiming the state has provided insufficient evidence to prove this charge.

Shoobridge immediately denied the motion and the courtroom broke for lunch.

The defense's first witness was Dr. Susan Cave, a clinical and forensic psychologist who has evaluated Avila on May 23, 2022.

Prior to the trial, the state had moved to prevent Cave from testifying, but Shoobridge allowed her to testify with certain restrictions that both councils were made aware of.

Cave said general procedure usually involves them receiving the police report and other documents and they then determine if the person needs a psychological evaluation. In some cases there are court orders requiring one.

 When evaluating Avila, Cave had access to family members' relationships, work history, any alcohol and drug usage and more. She specifically mentioned speaking to Alexis' mother.

One of the things Cave tests people for is for effort, where they can tell if someone is trying or not. This test is easy and involves memorizing a few minor symbols, which if someone does poorly on usually indicates the person is not even trying.

Cave said during the interview she was concerned about Avila's speech and way of thinking. She said her way of thinking was very concrete and did not allow for a higher level of abstract thinking.

Because of this, Avila was given a cognitive linguistic quick test to measure a variety of different mental elements.

The results of the test revealed to Cave that Avila was moderately impaired for attention.

Cave also apparently diagnosed Avila with bipolar 1 disorder. She believed the onset of this was around 14 or 15 years of age.

She also said that hormonal changes that come with pregnancy can amplify the mood swings that already come with bipolar disorder.

When Cave asked her about why Avila didn't know she was pregnant, she told the doctor that she had her period throughout the pregnancy which Cave believed was impossible and seemed to be an indication of denial on Avila's part.

Cave also said both Avila and her mother were bad at expressing how they feel.

After Cave finished testifying, Avila announced she would be taking the stand.

Adepoju began by asking Avila about her home and school life before transitioning to discussion of her back pain.

Avila recounted going to the hospital on Jan. 4 with her mother and being prescribed meds for back pain. 

She then went to the hospital in Hobbs to see her primary doctor by herself on Jan. 6. After explaining the back pain, the clinic performed a pregnancy test which revealed Avila was pregnant.

Avila said she blacked out after being told she was pregnant and believed she was in shock from the news.

After going to the clinic, she recalled going to work then going to either her home or her brother's house. She said she did not tell anyone that she was pregnant.

The next day she recalled being in bed from the back pain and felt constipated, taking some pills to help resolve that.

After sleeping some more, she went to the bathroom again and delivered the baby. Avila stated that she did not remember the birth and could not recall if the newborn was on the floor or in the toilet.

Avila told the defense the next thing she remembered was her and her mother leaving the police station to go get checked out at the hospital.

Later in the testimony, she told Adepoju that she put the baby in the towel, placed him in the trash bag and tossed him into the dumpster. However, she said she did not fully realize what she had done for a couple of months after she had been in therapy.

When asked what she thought was going to happen, she stated she did not know at the time.

Avila said hearing the testimony hurt, particularly what the people said in regards to the baby's medical status.

"He's still mine," Avila said when asked why hearing that hurts, and that she would have done "absolutely everything" differently if she could.

The state began its cross-examination by asking about a Feb. 2022 hearing and the testimony involved within, to which Avila said she had no recollection of.

Probasco asked if she was the one shown on video and was presented the bag and a picture of the baby. When asked if that was her, if that was the bag she used and if that was her baby, she said confirmed.

The state began to push on the positive pregnancy test that Avila received in Aug. 2021, to which she replied that she was a teenager when that happened. She also said she did not black out when that test came back because she also got a negative on another test.

When the prosecution presented the possibility of Avila telling people she was pregnant as early as April 2021, she said she did not remember that. 

Probasco pointed out that in the interview with Perez shown earlier in the day, Avila was able to explain what happened in detail, down to the worn-out hair tie she used on the bag, despite her claiming to be "blacked out".

Adepoju then asked why Avila took a pregnancy back in August, to which she replied that it was a TikTok trend. Avila took the test along with two or three other acquaintances.

After receiving the positive and the negative tests, she said she did not put much thought into the results.

When asked to describe what "blacking out" meant to her, Avila said it was if she wasn't in her body, "like I'm a ghost".

Avila said she knew who the father of the baby was because he was the only person she had been with.

Following Avila's trial, the defense rested its case.

As a rebuttal, the state called Stephen Astorga, the father of Avila's baby.

Astorga stated he has known Avila for around two years and had a relationship with her resulting in the child.

The witness said he was aware of Avila expecting their child in April of 2021 and was informed of this by witnessing the pregnancy test.

Astorga said he never had a discussion with Avila regarding the pregnancy. He did inform one of his friends.

The first time he saw the baby was a week after his birth when he picked him up from the Lubbock hospital.

Astorga says the baby is doing well at the time but does have a possible heart murmur and is seeing a specialist for asthma.

During cross-examination, Adepoju says Astorga previously testified in hearings in Feb. 2022 that he did not know about Avila's pregnancy.

Astorga was then dismissed and the state finished its rebuttal.

The courtroom adjourned for the day and the judge said jury instructions would be available at 11 a.m. on Friday. Both sides will make closing statements and then jury deliberation will begin.

NewsWest 9 will continue covering this trial with the only camera allowed in the courtroom. 

Day four of Avila's trial began with Judge Shoobridge reading the jury instructions before moving on to closing arguments from both sides.

"A picture is worth a thousand words," Luce said as she replayed the famous video that showed Avila driving up to the dumpsters and throwing the newborn in the trash.

Luce recounted the events of the day as the prosecution had laid it out in the three days of testimony prior, thanking the "Good Samaritans" that found the newborn.

Everyone involved in the process worked without question to take care of the baby except Avila, the state argued.

"Any reasonable person in a panic would throw her baby in a dumpster," Luce noted sarcastically.

She then pushed heavily for the jury to find Avila guilty of all of the charges, especially attempted first degree murder, the harshest of the four possible charges Avila is facing.

The defense began its arguments by saying no matter how closely the jury looks at the state's case they would not find beyond a reasonable doubt that Avila committed any crime.

Adepoju talked about how Avila had just turned 18 a few weeks prior to the birth and that she was a high school senior getting ready to go to college.

She also talked about how the doctor at the clinic on Jan. 4 did not know she was pregnant, nor did her own mother.

The defense also argued there was a line running through the rest of the witnesses-they all did not remember elements of the story following the shock of finding the baby. Therefore it was understandable for Avila, who had birthed the child, to also not remember what happened.

Adepoju highlighted the inconsistency in the stories of when Avila was pregnant, discussing the rumors of her being pregnant back in March.

She also brought up the psychologist's assessment of Avila, how she was diagnosed with bipolar disorder and had a hard time connecting with her emotions.

Another point in the defense's closing argument was the contradiction in Astorga's testimony, who said in court on Thursday that he had seen a positive pregnancy test back in April but admitted to previously saying in court that he did not know she was pregnant until she gave birth.

To close out, Adepoju argued that the state did not meet its burden of proof, particularly with any willfulness in Avila's actions.

Around 1:35 p.m., the jury began its deliberations.

After a few hours of deliberation, the jury found Avila guilty of abuse of a child resulting in great bodily harm and attempt to commit first degree murder.

Avila shed tears as she heard the judge confirm with all the jurors that they had found her guilty.

After the jury was released, the judge informed Avila that she has the right to appeal the decision.

When discussing sentencing, the state claimed that Avila should be considered a flight risk, to which the defense argued she had shown up to every court appearance so far and already has been wearing an ankle monitor.

Since Avila has not violated any previous conditions set forth, Shoobridge decided to keep the sentencing date of May 1, saying he suggests she prepare herself.

Avila faces as much as 18 years in prison.

The prosecution started the sentencing stating that they were strongly opposed any mitigation, as they felt Alexis has shown no remorse for her crimes. They also said that the jury unanimously found Alexis guilty rather than having any deliberation.

The state asked that the court finds that child abuse resulting in great bodily harm in this case qualifies as a serious violent offense. 

The state asked for 18 years of incarceration.

Stephen Astorga, the father of the child, then made a statement. He mentioned how much his son has already gone through at his age. Astorga also said how he will never forgive or forget what Alexis did. 

Defense attorney Ibukun Adepoju then asked that the sentence be mitigated to the fullest extent that the court is able to, which would be only six years.

Factors they said to consider is Alexis's characteristics, her past conduct, her age, her health, any events surrounding this crime, whether or not she poses a serious threat to society and the possibility of rehab. She went on to comment on Avila having no criminal past, her being as young as she was, her mental health and her cooperation with the trial process.

She mentioned how Avila has since graduated high school and is on the Dean's list of her new college.

Licensed clinical social worker Jack Hancock made a statement about Avila, who he has met with four times. He said from what she told him, she was a young woman who has had mental health issues starting at a young age, often untreated. He said it got worse during the COVID-19 pandemic. He said that she didn't really have a relationship with her father and was often scared to go to her mother. 

Hancock said that she has since had positive improvement through therapy and has grown for the better. He concluded that he feels that she needs to continue to go through treatment and schooling.

Domingo Avila, Alexis's father, then made a statement. He said how he and his wife knows Alexis the most. He truly believes that his daughter was not in the right state of mind. He said that he and his wife never knew about the pregnancy, and if they did they would never be in this situation. He finished the statement by asking the judge to have mercy on his daughter's soul.

Martha Avila, Alexis's mother, was next to make her statement. She said the actions her daughter made were unimaginable and forever be with them, but that is not who she is. She says that with the right medical care her daughter can flourish, citing her daughter's college accomplishments as an example. 

Adepoju then read a note from Alexis's older brother Carlos. In the note, Carlos says he always saw Alexis as a "good, kind-hearted little girl". He knows she deeply regrets her actions.

Alexis Avila then made her statement. She said she will be forever grateful for the dumpster divers who found the baby as well as the medical professionals who treated him. She mentioned how she can't control her dissociating. She wants be able to learn how to control her stress and anxiety so she will be able to control her emotions in a healthy way. She regrets that her baby's first hours were spent the way they were spent and how he will always think his mother doesn't love him, which she claims isn't true at all. She says she knows what she did what wrong and doesn't understand how she did that. She concluded with her saying she is truly sorry.

Social worker Carmen Stone then made her statement. She said she has been working with Avila for about a year. She believes Avila experiences dissociating symptoms in response to intense stress. Since she is entering prison, a highly stressful environment, Stone is concerned for Avila's mental health and that she won't get the medication she needs. With therapy and right resources, she believes Avila can learn to manage her emotions and stress.

The defense then made two additional requests. They requested that the court not find this a serious violent offense. They also requested that the court include a provision that the prison can transport her to another state if the current prison poses a danger to Avila's life.

After the statements and requests, Judge William Shoobridge sentenced Alexis Avila to 18 years in prison followed by two years of parole. He suspended two years, which cut her time in prison to 16 years with credit for time served. While in prison, Avila will complete a course of cognitive behavior therapy, which will deal with some of her psychological problems. She will also complete a course on parenting skills and participate in college classes.

He did find the crime to be a serious violent offense, his reasoning being this being a heinous crime. He called it an unforgivable action by a mother, and a miracle that her child survived. He mentioned how Avila is fortunate that the dumpster divers came along and rescued her baby, or else she would be facing a murder trial.

He felt there were some mitigating factors, which is why he suspended two years. He thought her age was important, as she had just turned 18. He said her mind wasn't fully developed at that time. He also mentioned her bipolar disorder playing a factor, it also being an undiagnosed mental illness. Her prior records being clean also played a part in the suspension. She also complied with every aspect in the trial, making her not a threat to other individuals. He also wants her to continue taking her medications, and wishes that she will be moved if her life does become in danger.

Avila was subsequently put in handcuffs and arrested after the sentencing.

Following the sentencing, District Attorney Dianna Luce sent out a statement. 

In the statement, Luce said although the Court mitigated the defendant’s sentence by two years, the Court found that this crime was committed as a serious violent offense, meaning that the defendant will be required by law to serve eighty-five percent of her time in prison before being eligible for parole. 

Luce went on to say, “We are thankful that the Court found that this especially heinous crime was a serious violent offense and that the defendant will receive a just punishment for committing this crime against an innocent newborn. This sentence is a warning to all who would try to kill innocent children that you will be held accountable.” 

The Public Defender Office also sent out a statement.

In the statement, Alexis's attorney Ibukun Adepoju said she was grateful Judge Shoobridge recognized Avila's young age and untreated illness at the time of giving birth. She also is still disappointed that the state refused to agree with that and not offering a plea to Avila.

Adepoju's statement is: "From the beginning, Alexis knew she would have to take accountability and serve time in prison as a punishment for her actions. What we had hoped was prosecutors would ignore the political and media attention on the case and offer a plea that would recognize that Alexis was barely 18 at the time this happened and that she is not cold-blooded but in need of mental health treatment. Now Alexis will be about 34-years-old when she gets out of prison. We're trying to work with the prison to make sure she has access to therapy and education while incarcerated, so that when she gets out she can have a meaningful life."