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Paternal grandfather of New Mexico baby tossed into dumpster seeks custody


The grandfather of the newborn who was tossed into a New Mexico dumpster by his teen mom said in a new interview that his 16-year-old son is the child’s dad – and that his family is seeking custody.

Alexis Avila, 18, was captured in shocking video throwing a trash bag containing the baby into the container on North Thorp Street in Hobbs about 2 p.m. Friday, according to charging documents obtained by The Post.

The infant was discovered — with his umbilical cord still attached — by three people who were combing through the dumpster in 36-degree weather. The child has been listed in stable condition.

Avila claimed to police that she panicked when she unexpectedly gave birth and threw her newborn away. She has been charged with attempted murder.


Oscar Astorga, 50, told the Daily Mail that his son Stephen is the boy’s father – and that the 16-year-old, who broke up with Avila in August 2021, had no idea that she had been pregnant.

Stephen thought Avila had miscarried, according to the news outlet, which cited text messages between the boy and a friend.

The shocking footage shows Avila disposing of the baby after unexpectedly giving birth.

Astorga said the family is seeking custody of the infant they’ve named Saul, who is recovering at a hospital in Lubbock, Texas, the Daily Mail reported. They have also hired a lawyer in the effort, according to the outlet.

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“Of course we’re trying to get custody. Of course. He is my grandson,” Astorga told the outlet. “That’s why we can’t comment on anything because we’re trying to get my grandson.”

He also revealed that the family has been getting death threats on social media.

Alexis Avila's mug shot.
Avila has been charged with attempted murder.

“We haven’t done anything wrong. My friend saw them. These people on social media. We have nothing to hide but we can’t comment right now,” Astorga said.

The baby received a blood transfusion and was put on oxygen before he was transferred from a local hospital to the one in Texas because it has a more advanced neonatal intensive care unit, the Daily Mail reported.

Meanwhile, Avila’s mother also spoke out for the first time, telling the Daily Mail that “everyone makes mistakes.”

Martha Avila, 47, also claimed she had no clue her daughter was pregnant.

“Yeah, it has been a shock,” she said.

The young couple pictured together prior to their breakup in Aug. 2021.
The young couple pictured together prior to their breakup in Aug. 2021.

“People can preach all they want, they can judge all they want but we only care about the judgment of one,” Martha told the outlet.

Avila’s friends said the teen had been open about her pregnancy before she stopped going to school in mid-December.

“I heard her talk about being pregnant around late September, early October,” a classmate told the outlet. “She never expressed that it was a bad thing that she was pregnant.”

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When police arrived at Avila’s home after responding to the dumping scene, her parents told them she was sleeping and that she had been sick with stomach pains for the past week.  

She told police she had been in abdominal pain and even visited a doctor, who broke the news of her pregnancy to her on Jan. 6.

The girl said she experiencing some stomach pains and unexpectedly gave birth in the bathroom of her home.

Video still of people discovering the baby in the dumpster.
The baby was discovered alive in 36-degree weather.

Panicked, she cut the umbilical cord, wrapped the baby in a towel and put it in the trash bag – which she sealed closed with a hair tie –  before she started “driving around,” according to the documents.

“When asking Alexis what she thought would eventually happen to the baby by placing him inside of a plastic bag and dumping him, Alexis remained silent and couldn’t answer. An indication Alexis was well aware the baby would have died as a result,” police wrote in the documents.

Her mother told police the ex was no longer permitted at their home after he allegedly hit her sometime in June.

Avila, who is out on bond, is scheduled to appear in court in Lovington, New Mexico, on Wednesday for a detention hearing.

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