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Avila released from prison in baby in dumpster case

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Avila released from prison in baby in dumpster case

Virginia Cunningham/News-Sun

By order of the New Mexico State Court of Appeals, Alexis Avila has been released from prison, pending the outcome of her case in the NM Court of Appeals.

Alexis, 19, of Hobbs, was found guilty of attempt to commit 1st degree murder and abuse of a child resulting in great bodily harm during her jury trial in April at the Fifth Judicial District Court in Lovington.

She was then sentenced to 18 years in prison — with two years time served credit.

These charges were the result of an incident that occurred on Jan. 7, 2022, when, then 18-year-old Avila was seen on video tossing a black in color trash bag, containing her newborn child, into a dumpster behind the mall in Hobbs.

Avila’s attorney’s filed an appeal and requested Avila be released from prison, pending her trial in the court of appeals.

Fifth Judicial District Court Judge Efren Cortez denied the motion of release around Sept. 28.

Judge Kristina Bogardus and Judge Jane Yohalem of the appeals court reversed Judge Cortez’s ruling.

On Oct. 18, the NMSCA remanded an order to the Fifth Judicial Court, with instructions to enter an order of release for Avila, pending the results of her appeal, on conditions no greater than those entered pre-trial.

The pre-trial conditions of release were ordered by retired judge William Shoebridge and included the following according to court records:

• No Weapons

• No contact with victim or witness

• Shall not have contact with victim(s) or family(ies) of victim(s).

• Notify the court of any change of address

• Not to Leave County and/or State

• Maintain Contact with Attorney

• Do not violate any federal, state, tribal, or local laws

• Defendant is allowed to step outside the building of her residence to the outdoor areas, including the front porch and the backyard.

• Not enter establishment whose purpose is sale of alcohol

• Not consume alcohol;

• Avoid all contact with the alleged victim or anyone who may

• Avoid all contact with the alleged victim or anyone who may testify in this case.

The appeals court judges ruled they do not deem Avila a flight risk and she can be released under the same pre-trial conditions she was under before.

The two female judges also ruled, “this court has determined that the appeal raises a substantial question of law likely to result in reversal or an order for a new trial, that (Avila) is not likely to flee or pose a danger to the safety of the community and that the appeal is not for the purpose of delay.”

“The language from the court of appeals is just the standard that has to be met,” District Attorney Diana Luce told the News-Sun.

In their ruling, Bogardus and Yohalem cited the case of Portales daycare owners Mary and Sandi Taylor, who are accused of killing one child and injuring another by leaving them inside a hot car in 2017, as the basis for releasing Avila from custody.

A hearing was set by Judge Cortez for Oct. 23 and Avila was granted release from prison, pending the outcome of the case in appeals court.

No date has been set by the court of appeals as of press time.

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