Father accused in baby’s death gets July hearing

Kim Smith

Monday, June 5, 2000 | 11:43 a.m.

A July preliminary hearing date has been set for a Las Vegas man accused of allowing his daughter to drown, but his bail hearing has been rescheduled for Tuesday.

Justice of the Peace Jennifer Togliatti had already set Johnny Avila's bail at $75,000 this morning when a corrections officer notified her that jail paperwork indicates the U.S. Naturalization and Immigration Service has a hold on him.

Avila's attorney, Marty Hastings, and Chief Deputy District Attorney Vicki Monroe asked for a one-day continuance to verify that information. If it isn't accurate, Avila will be allowed to post the bail and remain on house arrest.

Togliatti also scheduled a July 5 preliminary hearing date for Avila.

According to authorities, Avila's 11-month-old daughter, Katie Cortes, was found face down in the bathtub by her mother on May 28.

The mother had returned home after she became concerned when no one answered the phone at the Jones Boulevard apartment she shared with Avila and the baby.

When she walked in the door, Monroe said, the mom found the tub overflowing and the apartment flooded.

The baby's mom later told police that Avila had been neglectful of the baby in the past, including one incident in which she called the property manager to check on the baby and the manager found Avila sleeping and the baby screaming.

"This was just a matter waiting to happen and unfortunately, it did," Monroe said.

Monroe asked for a $500,000 bail for Avila, noting that at the time of the baby's death he was on probation for possession of a controlled substance and told police he had done drugs the day before.

Hastings argued for a $10,000 bail, saying Avila has lived in Las Vegas 10 years, has strong family ties and has a job his employers will hold for him if he gets out of jail shortly.

More than a dozen of Avila's relatives attended the hearing, including the mother of the child.