HOBBS, N.M. (KRQE) – More information was made available on Monday about the newborn baby found in a Hobbs dumpster in January. It was part of testimony in the preliminary hearing for the baby’s mother Alexis Avila, charged with attempted murder in the case.

A judge ruled Avila will go to trial for attempted murder and felony child abuse resulting in great bodily harm, as prosecutors claim the conditions the child was left in would cause death had the baby not been found. First responders took the stand Monday, painting a picture of a newborn’s fight for life after being found in a freezing Hobbs dumpster last month.


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“Was kind of bluish in color, was very lethargic, was very cold, not cool, but cold to the touch,” said Dr. Susan Heineck, the emergency room doctor who first saw to the baby boy. “In my 27 years of doing this, I have never seen anyone, child or adult, have a temperature that was not read with a digital thermometer.”

“They laid him under a heat lamp and as they were trying to start IVs and stuff,” said Jennifer Maxwell, an officer with Hobbs Police. “They poked him with needles and he didn’t even flinch. He didn’t cry. He was just kind of laying there lifeless.”

That baby had spent six hours in a dumpster in freezing temperatures but somehow survived, thanks to some dumpster divers who heard his cries. Now that baby’s mother is facing a hearing to decide if there is enough evidence to send her case to trial.

Police eventually used partial license tags to track down 18-year-old Alexis Avila. A detective testified Monday that Avila already admitted to police in an interview that she gave birth to the boy, panicked, and put him in a trash bag in her bedroom, then drove around until she found a place to dump him, before driving off.

“When asking her what she thought eventually would happen to an infant placed inside a trash bag with a hair tie securing the trash bag, she couldn’t explain,” said Daniel Perez, a detective with Hobbs Police. “She couldn’t answer my question, an indication she knew the baby would have died.”

But there have also been a lot of questions about her pregnancy, how long she knew she was pregnant, and what the baby’s father knew. He took the stand on Monday, testifying that he didn’t know she was still pregnant. He believed that she had miscarried, according to messages she sent him.

The father says after that conversation, the two never spoke about it again. The baby is now in the custody of the father and his parents and is said to be doing well.

Wrapping up the hearing, prosecutors argued Avila’s actions were intentional in harming the infant. “This wasn’t someone driving to the hospital, driving to a clinic, driving to a friend’s, driving to someone to seek help. She knew what she was doing at the time.”

Meanwhile, Avila’s defense attorneys made the case that she shouldn’t face felony child abuse since the baby survived. “The child wasn’t, at that particular moment, healthy, however, there was no actual great bodily harm in that this child recovered. All of the information that we have in court today indicates that the child is fine.”

Judge William G.W. Shoobridge ultimately decided there is enough evidence to send Avila to trial. A trial date has not yet been set.