Hobbs mother accused of leaving baby in dumpster will be released ahead of trial

“Again, the question is whether Ms. Avila is a danger or not, and, if so, what are the least restrictive means of protecting the community? he said.

Judge Shoobridge also said the GPS monitoring company will report to him directly, so if anything is out of the ordinary, he will immediately issue a warrant and Avila will be in jail until trial.

The pre-trial detention hearing lasted approximately two hours. The state called seven witnesses to testify, including the three people who found the baby in the dumpster and the owner of the local business who provided surveillance video of the find.

They also called two Hobbs policemen who responded to the scene, including the policeman who accompanied the baby to the hospital and the detective who questioned Avila the same day she admitted to giving birth and threw the baby in the trash.

The state broadcast from two angles the surveillance video and 911 call of the three strangers who found the child. The state also showed several crime scene photos, including one of the little boy just minutes after the group took him out of the trash bag.

Judge Shoobridge said it was very rare to see such overwhelming evidence against a defendant – a confession, coupled with a video backing it up. He admitted that Avila poses a threat to other members of the community.

Protesters were waiting in front of the courthouse. Some protesters even stormed Avila’s family as they were escorted out of the courthouse.

Avila’s defense team made a very brief statement after the hearing, saying they were satisfied with the court’s decision. The court has yet to hold a preliminary hearing to decide which charge the state will prosecute – either an attempted murder or a felony of child abuse.

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