An Albuquerque, New Mexico teenager will spend the next 18 years in prison because she threw her newborn baby into a dumpster in near-freezing temperatures.
The young mom had given birth in a bathroom and allegedly didn’t know she was pregnant.
Jurors convicted 19-year-old Alexis Avila of child abuse with great bodily harm after a trial where her lawyer argued that she did not premeditate her actions and that an undiagnosed mental health disorder contributed to the incident. The state district judge took into account Avila’s mental health issues and her age, and suspended two years of her sentence.
Judge William Shoobridge acknowledged that luck and divine intervention saved the child’s life. There was a high chance the baby would have died had he not been discovered. While expressing regret for her son’s traumatic experience, Avila said she wanted to learn how to cope.
Police arrested the teen mom in January 2022 after a group discovered her baby in the trash bin behind a shopping center and alerted the authorities. Surveillance video helped identify a suspected vehicle, leading to Avila’s arrest. The infant’s umbilical cord was still attached.
Public defender Ibukun Adepoju argued that Avila did not intend to kill her baby and attributed her actions to her bipolar disorder. Adepoju hopes that Avila will receive therapy and education during her incarceration, enabling her to have a meaningful life upon release.
A social worker, Jack Hancock, who worked with Avila, testified during the trial, highlighting her ongoing mental health issues. Avila’s mother also testified, stating that the action was out of character for her daughter when she was mentally stable.
The case sparked discussions about New Mexico’s safe haven law, which allows individuals to leave babies younger than 90 days at specific safe locations, such as fire departments, without facing criminal charges. In response to incidents of baby killings and abandonments, safe haven laws have been enacted in several states, starting in the early 2000s.
In 2022, New Mexico lawmakers approved a bill to expand the Safe Haven program and allocate funds to install baby boxes in every county.
The baby survived his injuries and is being cared for by relatives.
