The Misery Machine - The Case of Alexis Avila

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Starting point is 00:02:01 This video is about. a sensitive topic involving loss of life. We've removed any graphic content to comply with YouTube's guidelines. We aim to provide informative, factual journalism on a tragic event in the public interest that is not dismiss its seriousness. All clips are used under the doctrine of fair use for news reporting and analysis. We have covered a lot of cases out of New Mexico that are frankly pretty depressing, and today's case is no exception. It involves a teen mom who claimed to not know that she was pregnant until the day she gave birth, then proceeded to do something to her newborn that most of us would consider absolutely unthinkable. Now, this case sounds familiar to you. It's because

Starting point is 00:02:41 we discussed a very similar case about a year ago. Sadly, what we're about to discuss happened twice within an hour from each other, almost an entire year to the day. Alexis Avila was born sometime in 2004 to parents Domingo and Martha. According to her first, father, Alexis was raised in a loving, tight-knit home. In 2021, at the age of 17, Alexis was living with her family in Hobbs, New Mexico. On June 12th, the same year, she attended a kinsenera at Club La Sierra. She was there with her then-boyfriend Stephen Astorga, who was 16 years old at the time. At some point during the evening, a confrontation broke out and Stephen allegedly hit Alexis. A physical altercation followed between him and one of alexia.

Starting point is 00:03:30 Alexis's cousins. One of the people involved, a friend of Alexis, reportedly sustained a broken finger and was taken to the hospital. After the fight, Alexis returned home and called 911 to report what happened, telling the dispatcher she had been assaulted. Hi, this is Alexis. I've been around and I'm calling for assault. Moments later, her mother, Martha, also called emergency services.

Starting point is 00:03:52 Speaking to the dispatcher, Martha explained that her daughter had just come back from McKin-Signera and claimed that her boyfriend had punched her in the field. face. She made it clear she wanted to press charges if the assault had occurred as described. An authority, this is Erica. This is Martha. I need a police officer at 8-1-the- daughter was at a king and apparently her boyfriend hit her. They punched her in the face and her cousin and the boyfriend or friend or whatever got into a fight. And if he did who's yelling, ma'am?

Starting point is 00:04:30 They're on the way, ma'am. What's going on? Who's fighting? I'm in the Who's saying get off of me? Her brother is trying to control her, but she's just acting face. While Alexis could be heard shouting in the background, police officers were dispatched to the scene.

Starting point is 00:04:55 They arrived and took statements from those involved. However, once the initial interviews were completed, the Hobbs police decided not to file any criminal charges. Following that night, Alexis and Stephen continued their relationship for a short while longer. They split up for good in August of 2021, roughly two months after the incident at Club La Sierra. Lexus's mother barred him from their home. However, Alexis had become pregnant during this period of time. In the first week of January of 2022, she reportedly visited a doctor complaining of stomach pain.

Starting point is 00:05:28 It was only then on January 6 that she said she learned she was pregnant. Alexis reportedly concealed her pregnancy from everybody. She also told Stephen that she had suffered a miscarriage as early as July of the previous year. Lexus said she was terrified of her mother's reaction, claiming she panicked because she thought her mom would hate her for it. On Friday, January 7, 2022, Alexis went into labor at home. She gave birth to a baby boy in her bathroom with no medical assistance. She then wrapped the infant in a dirty bloodstained towel and placed him inside.

Starting point is 00:06:02 two trash bags. Acting alone, Alexis carried her newborn to her car. Surveillance footage later showed that at around 2 p.m. that afternoon, a white car identified as Alexis's vehicle, pulled up behind a local shopping center in Hobbs. Alexis stepped out, tossed a black trash bag into a green dumpster behind the mall, and then drove away. Unbeknownst to her, this entire sequence of events was captured on a security camera owned by a nearby store. The temperature in Hobbs that day was roughly 36 degrees. Ryan Reynolds here for Mint Mobile, the message for everyone paying big wireless way too much.

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Starting point is 00:07:04 Taxes and fees extra. See full terms at mintmobile.com. Greece Fahrenheit. For hours, no one knew he was there. Help did not arrive until around 7.45 p.m., nearly six hours after the baby had been abandoned. A group of three people happened to be rummaging through the dumpster. Their names were later reported as Michael Green, Hector Jossow, and April Nuttall.

Starting point is 00:07:25 As they searched through the dumpster for valuables, they heard what they thought could be a whining animal trapped in the garbage. On searching, they discovered a tied plastic trash bag that moved slightly. The three tore open the bag and inside was a tiny newborn baby boy. He was alive, barely breathing, and was smeared with blood. His umbilical cord was still attached to him. April gently lifted the baby out of the bag and cradled him in her arms in an attempt to keep him warm. Michael grabbed his phone and called 911, urgently telling the dispatcher that they just found a baby in the trash.

Starting point is 00:08:00 Yeah, so we just found a begging the tracks behind, uh, uh, what is it, uh, down Henson Street. Uh, where are we at? Um, all the, right? Behind it. Right. Click the other button. North, there's behind, on, Ms. Okay, I'm just playing you 1218 north there.

Starting point is 00:08:26 Okay, and we just started against it, God. Is it a brief? Is it? Yes, ma'am. Okay. The middle of the mall, behind the mall, the house is okay. Okay. Is it a cold?

Starting point is 00:08:39 Both in you. Both in you. Yes, it's just the baby you have any clothes on? Yes, there is like you know. Okay, do you have a blanket? It is a boy. And he is still alive, I believe. He's good.

Starting point is 00:08:52 Okay, do you have a blanket or something you interrupt him in? Ruth? Uh-huh. Do you have a blanket or something you wrap him in? Yes, ma'am. He was in a blanket. If you got out of his bellic, of course, you said. Have you covered him in a blanket?

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Starting point is 00:09:29 Get it with any item on the canteen of chicken menu while it's here. The participating U.S. Taco Bell locations for a limited time only, while supplies last. Contact store for availability. Okay. Is he crying? He was not crying, Patrick. They wrapped the baby in a clean coat to shield him from the frigid air while they stayed on the line with the dispatcher. Hobbs police and paramedics raced to the scene within minutes of the call.

Starting point is 00:09:59 Later, authorities would praise the group's quick thinking, saying that their prompt response was absolutely pivotal in saving this baby's life. First responders found that the infant's body temperature was so low from exposure that the paramedics couldn't even get a reading, a sign of severe hypothermia. They provided emergency care on site and then rushed the baby to Covenant Health Hobbs Hospital. At the hospital, doctors noted that in addition to hypothermia, the baby was in distress from having been without proper care for hours. He was given a blood transfusion, placed on a feeding tube, and put on oxygen to help with his breathing. Recognizing that the local hospital was not equipped

Starting point is 00:10:41 for advanced neonatal intensive care, the medical team quickly arranged for an emergency airlift. That night, the baby was flown to a larger hospital in Lubbock, Texas, about a hundred miles away. By the next day, hospital officials reported that he was in stable condition in the Lubbock Hospital's care. The New Mexico Children, Youth, and Families Department took legal custody of the newborn for the time being and was accepting donations of baby supplies, clothes, toys, and gift cards. At same night, January 7, 2022, investigators obtained the surveillance footage from the shopping center dumpster. By tracing the car's registration, police identified the suspect as Alexis Avila. Early the following day, officers went to her family's residence

Starting point is 00:11:23 in Hobbs. Alexis was cooperative and agreed to accompany officers to the police. police station for an interview. But it was during the interrogation where the full story came to light. We're into Hobbs' acting police chief, August Fonds. Alexis claimed she had been unaware of her pregnancy until the day before she gave birth. The very next day, she went into labor at home. As Alexis described it, she just went to the bathroom and the baby came out of her. She recounted being in a state of panic and shock, alone and afraid. Alexis said she didn't know what to do after the baby was born. She admitted to the police that she was overwhelmed and confessed that she decided to get rid of him. She continued stressing over and over again that she had just turned 18 and

Starting point is 00:12:06 in a bizarre turn of events asked if she could still be the boy's mom. I was in a panic. I didn't know what to do. Okay. I was scared. Obviously I got confirmation that you were pregnant, okay? Right. I felt that out yesterday. I was getting away. I was eating. more, I was, nothing, nothing changed. I just kept hurting and so I went to the clinic and they did a urine sample and they told me I was pregnant and that's when I was in a panic. I didn't know what to do. Okay.

Starting point is 00:12:41 I was scared. Okay. What did you do after? I cleaned myself and I just, it just left it where it was. I was so scared. I was, I think she's gonna hate me, 18. I haven't been 18 for a month. I'm the baby.

Starting point is 00:13:01 I just left and I drove around and I just put it to where I put it. Did you place it there? Did you put it there? What did you do? I just, what do you mean? Like in the trash, I just put it when I tossed it in. You wrap around a newborn inside. Panic. I just turned 18.

Starting point is 00:13:24 It's not like I've been 18 forever. I heard the baby's okay. heard, the baby's okay. The baby's okay, I wonder. When investigators pressed her on whether she realized that leaving a newborn in a trash bin could be fatal, Alexis fell silent and could not give an answer. Officers later noted that during the interview, Alexis showed an apparent detachment from the reality of what she had done. At one point, she referred to the baby only as it, rather than using a name or calling him my son,

Starting point is 00:13:54 which struck investigators as alarming. Nevertheless, she did not deny her actions. I seem to remember another New Mexico teen mom who like to dehumanize their baby. Like how big is the baby? It's full term. What? Nine months? Let's do it was crying.

Starting point is 00:14:13 Lexi. Have you watched the news of the girls that what they do to their babies and what they go to jail? That was crying. Alexis was officially charged with attempted first-degree murder in felony CA in connection with the incident. New Mexico law, the charge of attempted murder reflected the allegation that she willfully tried to kill her baby, while the alternative charge of CA resulting in great bodily harm was an acknowledgement of the life-threatening danger she placed him in. In those early days after the incident,

Starting point is 00:14:47 Alexis was processed through the legal system. At her initial court appearance, the judge set conditions for her release pending trial. Despite the severity of the charges, Alexis was allowed to remain free on an unsecured bond, meaning she did not have to pay money up front, but she was placed under strict house arrest. The judge believed she wouldn't flee, but impose some conditions. Those conditions included that she must stay at home,

Starting point is 00:15:13 except for approved outings like legal or medical appointments, not contact her infant son or any witnesses, not possess any weapons, and not leave the county. As the case gained national attention, reporters sought comments from those close to Alexis, Her mother Martha told one reporter that everyone makes mistakes and maintained that Alexis had truly not understood she was pregnant, that the entire situation was a tragic mistake made out of fear. Her family's stance was that Alexis's actions, while wrong, did not come from any malice, but instead from panic and mental distress. However, many in the community were not sympathetic.

Starting point is 00:15:52 The owner of the local store whose security camera recorded the incident was very vocal with his anger. He blasted Martha for excusing her daughter's behavior. He questioned how a mother could go on defending Alexis instead of acknowledging the gravity of what she had done. According to him, Martha should have been owning up to the fact that she, in his words, raised a terrible daughter. He also doubted the claim that no one knew about the pregnancy, pointing out that if Alexis had been to a doctor in early January for stomach pains,

Starting point is 00:16:22 surely a pregnancy test would have been done on a girl her age, raising suspicion that the family might have been. known more than they let on. Meanwhile, thoughts also turned to the baby boy who was fighting to recover in the hospital. For privacy, officials didn't immediately release his name, referring to him simply as the victim or the baby. In the weeks that followed as he grew healthier, custody arrangements had to be addressed. Police had to locate and interview the baby's teenage father since he was a minor and had not

Starting point is 00:16:52 been aware of his baby's birth until the crisis occurred. CYFD initially retained custody while assessing the best placement for the baby. But in time, the infant was placed with his paternal relatives. The baby's paternal grandfather and grandmother in particular were reportedly eager and willing to raise him. By the one-year anniversary of the incident, the child was described as healthy and happy. Over the course of 2022 and into 2023, Alexis's case moved slowly through the judicial system. Free trial hearings were held to handle motions from both the prosecution and the defense. One significant issue was whether Alexis could receive a fair trial in Lee County, given the

Starting point is 00:17:32 extensive media coverage and strong public opinions in the community. In an attempt to ensure impartial jurors, Alexis's defense attorneys filed a motion to change the venue of the trial to a different county. They argued that virtually everyone in Hobbs knew about the dumpster baby case and had likely seen the video, making it impossible for jurors there to remain unbiased. However, the presiding judge, Judge William G.W. Shubridge, denied the request for venue change. He decided that careful juror screening could weed out those who had fixed opinions and that the trial would stay in the local district. As the trial approach, more details about Alexis's mental health and personal history came to light.

Starting point is 00:18:09 Her public defender, Ibu Kuhn Adepu, indicated that part of their strategy would be to highlight Alexis's psychological state. In contrast, the prosecution maintained that whatever her mental state was, Alexis had, had made deliberate choices that nearly killed her child. They also pointed out that from the time she dumped the baby to when he was found, about six hours had passed. This was ample time, which Alexis could have had second thoughts, told someone or returned to rescue him, yet she did none of those things. This, the state argued, was not a momentary lapse, but a course of conduct aimed at getting rid of the baby permanently. The trial began in April of 2023 at the fifth judicial district court in Lovington, New Mexico.

Starting point is 00:18:53 During the trial, the prosecution played the surveillance video for the jury. They brought in the three rescuers to testify about how they found the baby and the condition he was in. Medical experts, including doctors who had treated the baby, described his body temperature and injuries, confirming he had hypothermia and would have likely died within an hour or two if not found. Investigators testified about the evidence collected. Search warrants executed on Alexis's home and car uncovered bloodstained clothing and a towel consistent with childbirth. The jury also heard excerpts from Alexis's own interview with police, and prosecutors emphasized certain remarks like Alexis calling the baby it as evidence of her indifference at the time.

Starting point is 00:19:38 The defense did not dispute what Alexis had done. Instead, they focused on why she did it and her alleged mental capacity at that time. Lexus's attorney presented testimony from life, licensed clinical social worker Jack Hancock who had worked with Alexis after the incident. Mr. Hancock testified about Alexis's persistent mental health issues, bolstering the claim that she suffered from a serious disorder that affected her behavior. The defense argued that Alexis had undiagnosed bipolar disorder, which combined with the stress and denial of pregnancy, led to an act of desperation rather than a calculated murder attempt.

Starting point is 00:20:12 They suggested she might have even been in a dissociative state when she abandoned the baby, concluding that she was not fully in control of her actions or processing reality like a typical person would. Her lawyer reminded jurors that she was barely 18 at the time, stressing that she was still a child. The defense also highlighted how Alexis had no prior criminal history and had been a student with a bright future before this incident. They read a statement from Alexis's mother, Martha, who insisted that this is not an action Alexis would have taken if she had been in her right state of mind. At the time of the trial, Alexis had been undergoing therapy and psychiatric treatment. Her attorney noted that she was responding well to treatment and had expressed deep remorse for what she had done.

Starting point is 00:20:56 After several days of testimony, the case went into the hands of the jury. On April 14, 2023, they unanimously found Alexis guilty on both counts, attempted first-degree murder and CA resulting in great bodily harm. The court clerk read the verdict as Alexis stood weeping. Judge Shoebridge individually polled each juror, a procedure to ensure each juror agreed with a verdict, and each one confirmed their decision. Alexis was taken into custody soon after. With the conviction secured, the case moved to the sentencing phase. A separate hearing was scheduled for May 1, 2023, to determine Alexis's punishment.

Starting point is 00:21:36 Prosecutors indicated they would seek a hefty sentence, arguing that Alexis's baby could have easily died and that her actions warranted, a harsh penalty as a deterrent. On the day of sentencing, the courtroom was again filled up, this time with members of the media, as well as concerned citizens and family members of both Alexis and the baby's father, Stephen. The hearing began with emotional testimony. The prosecution presented a victim impact statement from the baby's family. Speaking on behalf of his infant son, Stephen not only addressed the court, but directly addressed

Starting point is 00:22:09 Alexis who sat across the room. He described his son as a beautiful, healthy, healthy. little boy who, despite being too young to understand now, would one day learn about what his own mother had done to him. Stephen said that his child would never forget the things she did. However, he vowed that his son would not be defined by it. My healthy, my loving and handsome baby boy, he's never going to forget the things you did. But for that, I can say that my son will be somebody one day, no matter how much he has already been through.

Starting point is 00:22:39 On the other side, Alexis's family also spoke up. Her father Domingo took the stand to please plead for mercy for his daughter. Go expressed his personal sorrow over the situation, saying he desperately hoped to be part of his grandson's life one day. He addressed the judge and said that Alexis's actions did not reflect who she truly is, applying that mental turmoil led her astray. He implored him to please have mercy on her soul. Your Honor, I can promise you that if me or her mom ever even had a clue that she was pregnant,

Starting point is 00:23:11 we would never be in this situation. The actions she took on that faithful day are unimaginable and will forever be with us. But that is not who she is. That is not how we raised her. Finally, Alexis herself was given a chance to speak. She said she was sorry for what she had done to her son and her family. Alexis said she regretted the first hours of her baby's life were so traumatic and that she had deprived him of a loving mother and family environment.

Starting point is 00:23:39 She acknowledged that while her son now had his father, wished he could have also experienced love from her side of the family, which Lexus insisted would have been abundant had she not ruined things. She said that family is everything to them and lamented that she had lost the chance to show her son that love. Lexus also voiced her personal regrets. She mentioned that she had missed her son's early milestones and would miss many years of his childhood. So she hoped one day when he is older, her son might read about this and understand that she did love him despite her actions. miss out on every first milestone the baby had and that I deprived him of mothered and love.

Starting point is 00:24:18 I regret that his first hours of life were traumatic and I regret that he will always have this in the back of his head. Additionally, Alexis told the judge she had been learning coping skills in custody and wanted to continue to learn how to manage stress and her mental health so that she could handle her emotions in healthier ways in the future. Judge Shoebridge, who had presided over the trial, delivered his remarks and sentence with a stern demeanor. He acknowledged the defense's points about Alexis' youth and mental health, but he also emphasized the severity of her crime. The judge noted pointedly that if not for luck and the grace of God,

Starting point is 00:24:56 this case could have easily been a murder case. Judge Shubridge said there was a high probability that the child would have died had those people not found him in time. He reminded the courtroom that the law in New Mexico has protections like Safe Haven Laws, which Alexis could have used to surrender her baby safely, yet she chose not to. Before sentencing her, Judge Shoebridge addressed Alexis directly about the consequences of her actions. He told her that beyond any sentence the court could impose, she had given herself a life sentence, a lifelong burden of knowing what she had done to her own child.

Starting point is 00:25:33 He told her, you have also given your son that same life sentence, referring to the fact that as the boy grows up, he will have to reckon with the knowledge of how he was abandoned at birth. That, the judge noted, might be as difficult to bear as any prison term. In the end, Judge Shoebridge imposed a harsh penalty, but not without a small measure of leniency. Sentenced Alexis to 18 years in prison, which was the maximum term the charges allowed. However, he decided to suspend two years of that sentence, effectively reducing the time she would actually serve behind bars to 16 years. He cited Alexis's age and her mental health issues as factors in giving that slight reduction.

Starting point is 00:26:12 Additionally, he ordered that upon her eventual release, Alexis would be on supervised probation or parole for a further two years to ensure she continues therapy and reintegration to society. Judge also recommended that while incarcerated, Alexis should have access to continued mental health treatment and educational programs. With that, Alexis was formally remanded to the New Mexico Department of Corrections in May of 2023 to begin serving her sentence. If this sentence stands, her attorney noted she would be about 34 years old upon release, factoring in time served in good behavior credits. As to the crime of a child, resulting in great bodily harm at first degree time, I sent you to 18 years, followed by two years parole. I'm going to suspend two years. I've faced that upon finding that this was a heinous crime,

Starting point is 00:27:03 To toss one's own child into a dumpster like trash is something that, an unforgivable event by any your child, I do agree, was very vulnerable, but for the grace of God. And the happenstance of the three dumpster divers that found your child, we certainly would be here sentenced you on a murder case. I do find that leaving the child in the dumpster and having a dumpster and having a child, Having hours to think about what you did indicates that it was a crime that you had an opportunity to correct after you thought about what you had done, but you did nothing. Problems with breathing, the problems with your child's organs, these are serious, serious things. But for the wonders of modern medicine, your child would be dead. So you're very fortunate that those dumpster divers came along.

Starting point is 00:28:04 There's no question but for them your child who was thrown alive in the middle of a cold afternoon would be out at the Hobbes landfill. Finally, and this is probably the cruelest of all mitigating factors, and it's been mentioned in the presentation here this morning. And that is you've given yourself a life sentence. You've given yourself a life sentence of knowing what you did with your child. and you've also given your son that same life sentence. And that is probably something that is as hard to deal with as any length of time that you may have in prison. However, this is not the end of the story. Alexis's legal team immediately filed an appeal of her conviction on May 1st, 2023,

Starting point is 00:28:59 essentially as soon as the sentence was pronounced. Appeals in such cases often argue that legal errors were made during the trial or the the sentence was excessive. The specific grounds of Alexis's appeal were not publicly detailed. Initially, Alexis was incarcerated in a New Mexico women's prison facility following the sentencing. However, in the fall of 2023, Alexis's attorneys requested that she'd be released from prison while her appeal was being decided. They argued that she was not a danger to the community and that her appeal raised substantial legal questions about her conviction. A fifth judicial district judge, Ephraim Cortez, denied this motion in late September of 2013.

Starting point is 00:29:36 After that, Alexis's lawyers took the request to the New Mexico Court of Appeals. On October 18, 2023, two appellate judges reviewed the case and overturned the lower court's decision. They issued an order that Alexis could be released from prison pending the outcome of her appeal under certain strict conditions. In their ruling, the appellate judges noted a few key points. First, they stated that Alexis's appeal raises a substantial question of law likely to result in a reversal or an order for a new trial. This indicated that the appeals court saw at least some potential merit in the legal issues or lawyers raised, enough that the conviction might not actually be ironclad. Second, they concluded that Alexis was not likely to flee and did not pose a danger to the community if she was released under supervision.

Starting point is 00:30:22 They referenced a similar New Mexico case involving daycare owners accused in a child death as precedent for allowing release during appeal in certain situations. Consequently, about 18 months after the original incident, Alexis was allowed to leave prison on bond. in late October of 2023. It was essentially on house arrest again at her family's home and Hobbs with an ankle monitor and a long list of restrictions. She could not leave Lee County, could not contact her son or any witnesses, and had to obey all laws and court orders. There was also barred from consuming alcohol or visiting places that serve alcohol,

Starting point is 00:30:55 and she could not possess any weapons. Court specified that she was allowed to go outside in her home's porch or yard, but otherwise her movements were limited to her residence. This choice to release Alexis pending appeal was controversial. The district attorney, Diana Luce, commented that the Court of Appeals was applying the standard procedure for such motions, meaning the judges had to be convinced of certain criteria. As of the date of this recording in July of 2025, Alexis's appeal has not yet been resolved. In the wake of the incident, New Mexico legislators took action. In February of 2022, state lawmakers approved expanding the Safe Haven program by allocating funding for,

Starting point is 00:31:34 new baby boxes where someone can anonymously drop off an infant safely. The plan was to install at least one baby box in every county. Later that year, Hobbs got its own Save Haven baby box, giving mothers in crisis a way to surrender a baby directly at a fire station by placing the child in a climate-controlled box that alerts medical staff once the baby is inside. Public service campaigns were also proposed to better educate young people about the safe haven options. Now, I know we have gone into great detail on safe haven baby boxes when we discuss the case of Alexi Treviso, as well as laws regarding reproductive health as it pertains to the state of New Mexico, as well as other states.

Starting point is 00:32:18 I'm not going to beat the proverbial dead horse over and over again, but I will link those episodes for you in the pin comments. One thing I will highlight again is something that we can control. In both Alexis and Alexi's cases, they pointed to, fear of their parents as being the catalyst for why they did what they did. So parents, all that I ask is that you please have an open dialogue with your teens so that they can feel comfortable coming to you should they find themselves in this situation. Your teenagers shouldn't be scared of you.

The Misery Machine - The Case of Alexis Avila

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