Photo: Hobbs Police
The baby is now living with his teenage father
By Jonathan Alfano — Written on Apr 13, 2022
A New Mexico woman who was arrested for allegedly leaving her newborn baby in a dumpster is now requesting visitation with the child.
Alexis Avila, 18, faced attempted murder and child abuse charges after she was caught on video tossing her newborn son into a dumpster in Hobbs, New Mexico on January 7.
Police said that the baby remained in the dumpster for six hours before being found in freezing temperatures, wrapped in a bloodied pink towel.
Avila’s attorneys are filing a motion to grant her permission to have supervised visits with her son, Saul, who now lives with his teenage father, Stephen Astorga.
Following her arrest, Alexis Avila requested custody of the child she had abandoned in a dumpster.
“If the baby is okay, I want it,” Avila reportedly said on the night of her arrest.
Astorga did not know that Avila was pregnant until after she gave birth to their son, believing her to have had a miscarriage.
Avila had initially claimed that she had no idea she was pregnant until she went into labor however this was later contradicted by witness claims that she had talked about her pregnancy.
“It wasn’t until the news broke of what had happened to baby Saul that he and his family learned the truth,” Astorga’s attorneys said in a statement.
“They wish that they had known that Saul’s mother was still pregnant so that they could have helped avoid this horrific situation. They are asking for prayers and understanding as they navigate this difficult process and work to ensure that Saul remains in the safe, loving arms of his father.”
In a preliminary hearing for Avila on February 28, her defense attorneys argued that she should not face felony child abuse charges because the baby survived.
The prosecution argued that Avila’s actions in harming her newborn were deliberate.
“This wasn’t someone driving to the hospital, driving to a clinic, driving to a friend’s, driving to someone to seek help,” a prosecutor said at the hearing. “She knew what she was doing at the time.”
Avila’s defense said that she finished her high school education and is attending college to study psychology. They also said she is attending parenting classes and counseling.
The only part of the motion that the prosecution agrees with is allowing Avila to be in her backyard during house arrest. She is also asking the court to grant her permission to see family members under 10, but no date has been set for a decision.
Jonathan Alfano is a writer who focuses on news and entertainment topics. He majors in journalism at the University of Central Florida with a minor in sports business. Follow him on Twitter.