Charge reduced in death of baby in bathtub

Greg Tuttle

Tuesday, Aug. 29, 2000 | 9:52 a.m.

A Las Vegas man charged with second-degree murder for the drowning death of his infant daughter when she was left alone in a bathtub has agreed to enter a plea on a lesser charge.

Johnny Campos Avila, 23, will plead guilty in Clark County District Court to a charge of voluntary manslaughter for the May 28 death of 11-month-old Katie Cortes. Avila will also plead guilty to felony child neglect in a negotiated agreement with prosecutors that will spare him a possible life sentence.

The plea agreement was announced Monday in front of Justice of the Peace Jennifer Togliatti during what had been scheduled as Avila's preliminary hearing. Togliatti transferred the case to District Judge Joseph Bonaventure, who will decide whether to accept the plea agreement at a hearing scheduled Sept. 5.

Chief Deputy District Attorney Vicki Monroe said the plea agreement was reached for several reasons, including Avila's apparent remorse for the loss of his daughter. Prosecutors allege Avila put the girl in the tub, left the water running and then fell asleep. Avila admitted to using cocaine the day before the incident.

"I find what he did to be reprehensible," Monroe said outside the courtroom. "At the same time, I think people can somewhat put themselves in his situation. We can't bring the baby back."

The baby's mother, Denise Martinez, found the child dead in the bathtub and Avila asleep in the couple's North Jones Boulevard apartment after returning home from work. At a previous hearing, Martinez said Avila was so upset at the time of the incident he was unable to talk to a 911 dispatcher as she tried to revive the baby.

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