LEA COUNTY, N.M. — Monday morning in a Lea County District Court, Judge William Shoobridge sentenced Alexis Avila, the woman who threw her baby in the dumpster, to 16 years in prison and two years parole.
"I sentence you to 18 years followed by two years parole," said Shoobridge. "I'm going to suspend two years. So you'll do 16 years in the Department of Corrections."
Judge Shoobridge called her offense a "heinous crime" and "an unforgivable action by a mother."
He said he suspended the two years on her sentence due to mitigating factors like her age, her having a clean prior record and untreated illness during the crime.
Following sentencing, Avila's attorney, Ibukun Adepogu said they appreciated the Judge's mercy.
"Judge Shoobridge did the best that he could, I think, within the confines of the law," said Adepogu. "Alexis definitely appreciates his mercy."
She also expressed disappointment in the State for not offering her a plea.
"The better thing would have been if the state, the prosecution, would have seen things the same way and chosen the charge maybe differently, maybe make a plea offer, something we could have worked with," said Adepogu.
"It’s a little disappointing that our prosecution, our community, was asking for blood on the backs of this 18-year-old girl who, yeah, did something really bad, but do we then throw away children when they’ve done something really bad in the name of protecting other children and infants," said Adepogu.
Fifth Judicial District Attorney, Dianna Luce, said in a statement:
“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.”
Avila's team said they do plan to appeal and also said Avila hopes to one day have a relationship with her baby.
"It’s been very challenging and it’s not over," said Adepogu. "We’ll appeal, we’ll keep going. She certainly hopes to have a relationship with her child. We don’t know how that’s going to pan out, considering she is going into the department of corrections at this time, but it is her hope that at some point she can have a relationship with her baby."