She is scheduled to be in Butler County Common Pleas Judge Andrew Nastoff’s courtroom at 1 p.m. today, Sept. 30, for a hearing.
At the time of his death, 5-week-old Israel Santos, was malnourished and had numerous injuries, including broken bones, abrasions and bruises, according to court records.
Butler County Coroner Dr. Richard Burkhardt said the baby died of a crushed skull.
Burkhardt said Israel weighed 9 pounds when he died. His birth weight was 8 pound 13 ounces.
“She wasn’t feeding him enough,” Burkhardt said.
Avila-Villa killed her baby to “escape detection, apprehension, trial or punishment” for having sex with an underage teen, who is the father of the child, according to the prosecution.
The mother had an appointment at Job and Family Services on Aug. 27 and she would have been required to identify the baby’s father by name and DNA or risk losing her public benefits, according to Assistant Prosecutor Jason Phillabaum.
Social workers at the agency would have been required to report Avila-Villa’s unlawful sexual conduct with a minor to authorities.
Avila-Villa is accused of having sex with a 14-year-old boy on at least two occasions, once in October 2008 and once in November 2008.
The infant’s corpse was put in a trash bag with items consistent with a “gang-style burial” intended to prevent the corpse from being found by police, according to the court documents.
Defense attorney Melynda Cook-Reich said she had just received a copy of the prosecution’s filing and had not had time to review it.
“We have zero comment,” said Cook-Reich, who is defending Avila-Villa along with law partner Chris Pagan.
Avila-Villa is being held in the Butler County Jail in lieu of $1 million bond.
Contact this reporter at (513) 820-2168 or lpack@coxohio.com.
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