Home Law and Courts Baby boy survives six hours in cold after being dumped in trash; suspect, 18, arrested

Baby boy survives six hours in cold after being dumped in trash; suspect, 18, arrested

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Gabrielle Arsiaga/News-Sun

Three dumpster divers saved the life of a newborn child after hearing its cries Friday.

As the trio were searching through dumpsters at the 1400 block of North Turner Street at about 7:44 p.m. on Friday they came across the newborn placed in a trash bag.

According to the HPD report, when the baby was evaluated at Covenant Health Hobbs Hospital, the baby’s temperature was so low that it didn’t register, indicating hypothermia. The baby was also given a blood transfusion, put in a feeding tube and was given oxygen. The male newborn is currently in stable condition in a hospital in Lubbock.

According to the criminal complaint, one of the dumpster divers identified as Hector, along with his friend Michael, began searching for valuables inside of the containers while Hector’s girlfriend, April sat in the vehicle.

Hector told officers he and Michael began removing trash from one dumpster to another and heard crying.

“Hector explained they kept searching and continued to hear crying and initially thought it was possibly a kitten,” the complaint states. “He then explained that as they were removing the bigger trash from one container to another, they came across a black in color trash bag from which the crying was coming from. He explained Michael grabbed the bag from inside the container and set it on the floor. When doing so, Michael made him aware that the bag was heavy and didn’t think that it was a kitten. At this point, Hector stated April overheard the crying and proceeded to exit the truck and open the trash bag. Inside the black trash bag, April located the baby who was wrapped with what appeared to be a towel.”

After locating the infant the group called police.

When Hobbs Police Department officers arrived, they noted two males standing next to one another and a female sitting in the truck with a baby in her arms.

“The baby the female was carrying was light complected, with dark hair, and was wrapped in a pink bath towel which was soaked in blood,” the complaint states. Officers noticed dried blood on the baby’s body and confirmed he still had the umbilical cord attached.

The infant was then transported to Covenant Health Hobbs Hospital and later flown to a Lubbock hospital for further treatment.

While the police were interviewing Hector, they noticed a camera on the back of a nearby building belonging to Rig Outfitters. The owner, Joe Imbriale, was contacted and provided police with video footage of the incident.

“What was even harder, that nobody has seen, is five hours of video of people dumping trash on this baby,” Imbriale said.

THAT VIDEO FOOTAGE was what lead police to identify the vehicle driven by Alexis Avila, who approached the dumpsters at about 2 p.m. Avila was seen stepping out of her vehicle, opening the rear driver’s side door and disposing of a black trash bag the infant was found in.

“The female is then seen grabbing the black bag which appears to have a knot with both hands before she tosses/throws the bag inside the green in color dumpster and driving off,” the complaint states.

Police were able to obtain a partial license plate number and from there were able to obtain an address for the suspect. Police later learned the suspect’s name to be Alexis Avila, 18, of Hobbs, and went to her address on the 800 block of West Mackenzie Drive.

When officers arrived at the home, they saw Avila’s vehicle — the same one that was seen in the video footage — parked outside, the report stated.

Officers made contact with the Avila’s parents, who told them “she was inside the home sleeping. (The mother) stated Alexis had been sick (stomach pain) for the past week and had not been going to work nor school.”

According to the criminal complaint, Avila told officers initially she had no clue she was pregnant and “admitted to giving birth while at her residence and inside of the bathroom.”

“Alexis stated she had been having abdominal pain days prior and had even gone to the doctor as a result. Alexis stated she learned she was pregnant on Jan. 6, when she had gone in for a doctor’s visit given her abdominal pain and constipation. Alexis stated that before giving birth she had been having stomach pain but didn’t think anything of it,” the complaint states.

“Alexis went to say she had gone to the restroom as a result and had given birth unexpectedly. Alexis explained she panicked and didn’t know what to do or who to call after the fact. Alexis stated she then cut the umbilical cord, wrapped the baby in a towel and placed the baby inside a trash bag before she started driving around.

“Alexis admitted to dumping the baby inside of the green dumpster near JC Penney and driving off shortly after. Alexis explained she placed the baby inside of a white plastic bag which contained some trash and placed the white bag inside the black plastic trash bag before dumping the baby. Alexis stated she even placed a hair tie on the black trash bag before dumping it inside the green dumpster, to keep the bag closed.

“When asking Alexis what she thought would eventually happen to the baby by placing him inside of a plastic bag and dumping him, Alexis remained silent and couldn’t answer. An indication Alexis was well aware the baby would have died as a result. Alexis stated nobody had prior knowledge of her being pregnant and stated her young age made her panic. Alexis couldn’t explain why she had not contacted police or her parents after giving birth, knowing the baby needed immediate care. Alexis then stated she had knowledge of who the father of the baby was and identified him as ‘Steven.’”

Alexis told officers she had been dating Steven for approximately a year and a half and was certain he was the father, the report stated. She also said she ended the relationship with Steven around Aug. 2021.

According to the criminal complaint, officers interviewed the parents and they stated they did not have any knowledge of Avila being pregnant and only knew of stomach pain/constipation.

“(The mother) stated she and her husband had left to work on this day and Alexis stayed home alone,” the complaint states. “(The mother) stated she was a school teacher at a local school and had gotten home at approximately 3 p.m. (The mother) explained that when she got home, Alexis was in her room and she had not noticed anything different in her. She stated Alexis was being her normal self and was inside her room using her phone as usually does.”

THE MOTHER ADDED the two were supposed to go get their nails done, but due to stomach pain, Avila had decided not to go.

The mother explained she went to a doctor’s appointment with Alexis on Jan. 4 and Alexis was prescribed medication for her back pain and denied having any prior knowledge of Alexis’ pregnancy and stated she only noticed Alexis had recently gained weight but did not think anything of it.

“(The mother) then stated she knew Alexis had been dating a male by the name of ‘Steven’ and they had been together for approximately a year,” the complaint states. “(The mother) explained Steven was no longer allowed at her home after Steven allegedly battered Alexis sometime in June, 2021.”

Alexis Avila, 18 of Hobbs, was arrested on Jan. 8 and was charged with attempted first degree murder, a first-degree felony or alternatively abuse of a child, a second-degree felony. Avila was processed into Hobbs City Jail at 5:15 p.m. and released at 6:33 p.m. on an unsecured bond of $10,000. An unsecured bond means a defendant does not have to pay a bond, rather they promise to appear in court on the court date and pay the bond amount if they do not appear in court.

According to Fifth Judicial District Attorney Dianna Luce, a pretrial detention motion has been filed with the court, and will heard 2:30 p.m. Jan. 12 with District Judge William Shoo-bridge.

‘Alexis stated nobody had prior knowledge of her being pregnant and stated her young age made her panic. Alexis couldn’t explain why she had not contacted police or her parents after giving birth, knowing the baby needed immediate care.’
HPD criminal complaint

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