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Neli Dinora Rivera Felipe; mugshot in black and white prison jumpsuit.
Photo: APD Public Information Office

Police make arrest in case of baby girl abandoned in Austin dumpster

Live Action News - Investigative IconInvestigative·By Bridget Sielicki

Police make arrest in case of baby girl abandoned in Austin dumpster

Police in Austin, Texas, have announced the arrest of a woman believed to be responsible for throwing a newborn baby in a dumpster. According to some news reports, the baby girl spent an astonishing 16 hours in the dumpster before being rescued by a woman who said the incident "broke" her.

Key Takeaways:

  • Police have arrested Neli Dinora Rivera Felipe for throwing a newborn into a dumpster in Austin, Texas, on September 19.

  • The child was rescued alive the following day and was taken to the hospital by first responders.

  • According to police, Felipe said she believed the baby was lifeless when she threw her in the dumpster.

  • Authorities are reminding the public of the state's safe haven law, which allows the legal surrender of infants under 60 days old.

The Details:

In a press release dated September 25, the Austin Police Department (APD) announced the arrest of 22-year-old Neli Dinora Rivera Felipe on September 22. She is being charged with Abandoning or Endangering a Child with Imminent Danger, a second degree felony. The charges stem from an incident in which the newborn baby girl was found thrown in the dumpster of an Austin apartment complex.  

Detective Russell Constable, of the APD's child abuse unit, held a news conference to further detail the arrest.

While he said he doesn't know an exact time of the child's birth, he said she was born "sometime on September 19." Fox 7 Austin reports that according to court documents, Felipe told authorities she gave birth to the infant and threw her in the dumpster around 9 p.m. The baby girl was not rescued until approximately 1:37 p.m. the following afternoon — more than 16 hours later.

According to Constable, Felipe told police she threw the child away because she believed she was lifeless.

Constable said though the baby remains in the hospital, she is "doing very well" and "thriving."

"We're thankful that the child is safe and receiving appropriate medical care. At this time the infant remains in the hospital for observation and continued care and is under the supervision of hospital staff and DFPS [Department of Family and Protective Services]," he said.

The investigation is still active and ongoing.

The Backstory:

The baby girl was rescued on the afternoon of September 20 by two individuals living at the apartment complex, Perry Lewis and Lerrssy Frausto, who heard cries from the dumpster and recovered the infant covered in dirt and trash.

After the rescue, Frausto spoke to reporters and tearfully described the rescue, saying it "broke" her.

Thumbnail for FULL INTERVIEW: Woman finds newborn infant in dumpster during Texas summer

"Just seeing her covered in blood like that and dirt and trash, like she just wasn't nothing, hurt me. The way that she was found in the trash can – upside down, with her head facing the trash can – hurt me. Me trying to open up her eye, and I couldn't open her eye. Just broke me. Like, I didn't know what to do. I'm like, is she dying on me?...

It's a miracle. It's a blessing. I just thank God for giving that baby the chance to be able to see what life is about."

The Bottom Line:

Constable and Angela Peoples of the Department of Family and Protective Services both used the news conference to remind individuals of the state's safe haven law, which allows a parent to legally surrender a child less than 60 days old at any hospital, EMS station, fire station, Safe Haven Baby Box, or child-placing agency. Unfortunately, based on information from Safe Haven Baby Boxes, it appears that Austin has not installed any baby boxes in the city for anonymous surrenders.

"I definitely want to encourage anybody that's found in a similar circumstance — this is before or after the baby's born — please seek out and get help. There are safe ways to ensure that your baby can find a safe and stable home," Peoples said.

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