HAMILTON — A mother accused of killing her 5-week-old son is expected to take a plea bargain next month, avoiding a death penalty trial.

Asuncion “Suzie” Avila-Villa, 27, of Hamilton, appeared Wednesday before Butler County Common Pleas Judge Andrew Nastoff for a pretrial hearing in preparation for her May 9 trial. Defense attorney Chris Pagan told the judge, “We have reached an agreement in the case ... we wish to set the case for a plea.”

The death specification will be removed in exchange for Avila-Villa’s guilty plea to all charges and a sentence of life in prison without the possibility of parole, Pagan said.

Avila-Villa is charged with aggravated murder and several other felonies, including abuse of a corpse and engaging in sex with a teenager. She’s accused of killing Israel Santos, who was found with a crushed skull in a garbage bin in August 2009.

Prosecutors have said she killed her baby to escape punishment for having sexual relations with the underage male who fathered the child.

County Prosecutor Michael Gmoser said the plea “assures she will never be a danger to another child or society again.”

Gmoser said Avila-Villa’s mental health issues before, during and after her child’s death likely would be sufficient mitigation for her to avoid the death penalty at trial or in future appeals if she were convicted and sentenced to die.

“I have little patience for people who murder with clarity of mind,” said Gmoser, who added that psychological evaluations of Avila-Villa indicate she suffers from multiple mental issues and had also suffered abuse that contributed to her problems.

Gmoser said the plea deal would not have been considered unless Avila-Villa agreed to plead guilty to all charges and spend the rest of her life in prison.

Nastoff set the plea hearing for 10 a.m. April 8.

Contact this reporter at (513)

820

-

2168

or

lpack

@coxohio.com.