Trial delayed for Hobbs teen mom accused of throwing away newborn

HOBBS, N.M. — The trial of a 19-year-old mother, accused of throwing her baby in a dumpster earlier this year in Hobbs, has been pushed back to early 2023.

In January, security camera footage appeared to capture Avila throwing a trash bag away with her newborn baby and some trash in it. Six hours later, the baby was rescued from the bag and treated.

The trial of 19-year-old Alexis Avila will now begin on April 11, instead of December 19. Her defense team said Tuesday they recently lost two attorneys and that a new attorney had been brought in.

Prosecutors did not object. The judge granted the motion and made sure both sides knew those were firm dates. 

“As both of you probably know that’s the last month I’ll be on the bench, because I’m retiring on May 1 from the bench. So if I give you an April trial date you can rest assured that I don’t plan on moving it,” said the judge. 

Avila was not seen on court video Tuesday, she remains on house arrest. 

In April, Avila sought to be able to visit her child, and have contact with family members under 10 years of age, but those motions were denied. 

Prosecutors had eight motions before the court Tuesday, but the judge didn’t bother discussing most of them. 

“These are the kind of generic motions in limine that in a way, kind of waste our time,” said the judge.  

The only motion the judge entered an order on had to do with preventing the defense from quantifying, or redefining the reasonable doubt standard for the jury. 

“You can tell that it’s the highest standard and all those kind of things, but statements like ‘If you’re only 90% sure of my client’s guilt, you must vote not guilty,’ I won’t allow that,” the judge said.   

Both sides have until Jan. 20 to wrap up witness interviews, and they have until Feb. 17 to file additional motions. 

Avila faces a charge of reckless or intentional child abuse, resulting in great bodily harm, for it.