Prison sentence levied for dad of drowned baby

Kim Smith

Friday, Oct. 27, 2000 | 9:15 a.m.

A Las Vegas man whose baby drowned in the bathtub while he slept was sentenced to two to eight years in prison Thursday.

Johnny Avila, 23, pleaded guilty to voluntary manslaughter and neglect in connection with the May 28 death of his 11-month-old daughter, Katie Cortes.

Police believe Avila put the baby in the tub to cool a fever and then fell asleep with the tub still running. He later told police he had used cocaine the day before.

Because Avila was on probation at the time of the girl's death on a marijuana charge, Avila's probation was revoked and he was sentenced to 12 to 30 months in jail.

District Judge Joseph Bona-venture ruled Thursday that Avila will have to serve the marijuana sentence before he can begin serving the manslaughter sentence. As a result, it will be at least three years before he will be eligible for release.

Prior to being sentenced, Avila, through a Spanish-speaking interpreter, asked Bonaventure for mercy. He apologized to his family and said he hopes to start a new life.

Seated in the courtroom were more than one dozen of Avila's family members.

Chief Deputy District Attorney Vicki Monroe had asked Bonaventure to give Avila at least 10 years. Although there is no question he is remorseful, Monroe said the fact he was doing drugs while on probation and taking care of a baby is reprehensible.

Children that small depend upon their parents for everything, Monroe said.

"I have to think of what that little girl was thinking as the water rose," Monroe said.

In asking for a more lenient sentence, defense attorney Marty Hastings pointed out the strong family support Avila has, including that of the mother of the child.