Alexis Avila NM teen released on house arrest: Banned from seeing newborn she is accused of throwing into a dumpster as she awaits what charges prosecutors will formally pursue.
A New Mexico teen mom captured on video of dumping her newborn son in a Hobbs area trashcan has been ordered to stay home until her trial takes place. The 18 year old woman was also ordered by Judge William Shoobridge to have no contact with the baby boy she is accused of having abandoned and left to die.
Alexis Avila, 18, appeared in court in Lovington, N.M, on Wednesday afternoon and was confronted by angry protesters following a hearing to decide if she would be jailed.
Avila was impassive through much of the hearing but wiped away a tear as she heard how her newborn son needed a blood transfusion following five hours in a dumpster.
The court heard how Avila was filmed throwing her child into the dumpster after giving birth in the bathroom of her family home and then driving away.
Witness April Meadow told the court how she had found the baby while dumpster diving with Hector Jusso and Michael Green – describing how the infant was covered in blood, naked and had his umbilical cord still attaches to him, KOB reported.
‘no justice, no peace’
Judge Shoobridge said that it’s very rare to see such overwhelming evidence against a defendant – a confession, paired with video that supports it. He admitted that Avila poses a threat to others in the community.
At the end of the two-hour hearing, Judge Shoobridge decided to release Avila on house arrest – on the proviso that she only be allowed to leave her parents’ home for school, medical treatment and psychological help.
She was also banned from having any contact with her newborn son and also barred from having contact with any males outside of her immediate family.
Throughout the hearing Wednesday, Judge Shoobridge reminded everyone in the courtroom that this decision is not based on whether Avila is guilty or innocent.
‘Once again, the issue is whether or not Ms. Avila is a danger, and, if so, what are the least restrictive means of protecting the community?’ he said according to KOB.
News of her release on house arrest was met with an angry protest outside court, with approximately 40 locals chanting ‘no justice, no peace’ and demanding that the 18-year-old ‘should have been jailed’.
Avila’s court appearance comes two days after she was arrested and charged with felony attempted murder and child abuse by cops in Hobbs.
‘Everybody makes mistakes’
The Hobbs High School senior claims she did not know she was pregnant and panicked after giving birth to the baby boy– who has since been named Saul by his 16 year old teenage father Stephen Astorga.
Avila’s mother Martha also police she did not know her daughter was pregnant, with Avila telling cops that she gave birth in the bathroom of her parents’ modest home before dumping her baby in the trash.
On Tuesday, Martha, 47, defended her daughter – telling the dailymail that the birth had come as ‘a shock’ in an interview outside her $104,000 home.
She said: ‘People can talk and give their opinion. Everybody makes mistakes. People can preach all they want, they can judge all they want but we only care about the judgment of one.’
The news of the birth also came as a shock to the Astorga family who said they plan to fight for custody of Saul, who is currently recovering in hospital in Lubbock, Texas. The teen’s family have stated they plan to file for full custody of the child.
Avila’s defense team made a very brief statement after the hearing, saying they’re happy with the court’s decision. The court still has to schedule a preliminary hearing to decide which charge the state will pursue – either attempted murder or felony child abuse.