Avalos found guilty on two battery charges
Felipe Avalos of Magdalena was found guilty Tuesday in district court of two counts of battery, including felony aggravated battery with a deadly weapon, stemming from a June 24, 2011, domestic violence incident.
District Court Judge Kevin Sweazea ordered Avalos to be held in custody while New Mexico Department of Corrections conducts a 60-day diagnostic evaluation on his case and the New Mexico adult probation office prepares a pre-sentence report, says Shane Henderson, prosecuting attorney.
The sentencing hearing will be scheduled in 60 to 90 days, Henderson said,
Avalos could be sentenced to a maximum of four years’ incarceration, less one day, he said.
Avalos was convicted of attacking Joshua Gomez with a 10 inch kitchen knife when Gomez responded to a call from Felipe Avalos’ wife, Monica, requesting a ride to Socorro General Hospital for treatment related to an illness. Monica Avalos and Joshua Gomez are co-parents of four children.
Upon arriving at the Avalos’ residence, one of Gomez’s children entered the home where Felipe Avalos was in the act of beating his wife with the blunt side of a large kitchen knife.
Felipe Avalos then went outside and stabbed Gomez in the arm with the same knife.