Father of baby who died in backyard fire pit pleads not guilty

A Federal Way man pleaded not guilty this afternoon to a second-degree manslaughter charge in the death of his infant son in a backyard fire pit.

During a hearing this morning in King County Superior Court, attorneys asked for a delay in the arraignment of Alberto Rios, 38, while details about a possible plea agreement were worked out. But at a 2:30 p.m. hearing, Rios pleaded not guilty.

Defense attorney Julie Lawry had said Rios wanted to bring a quick end to the legal proceedings that followed the death of his 7-month-old son.

"The issue right now is trying to preserve this family. It's not necessarily a case of facts that are disputed," said Julie Lawry.

Rios is charged with second-degree manslaughter and faces a sentencing range of 21 to 27 months in prison if convicted.

Police were called to Rios' home in the 2600 block of Southwest 333rd Place at 12:02 June 22 morning. Rios told police he fell asleep on a bench near the fire pit with son, Diego Alberto Rios-Santana, on his chest. When he awoke, he said, he found his son dead in the fire pit.

Rios was arrested two days later.

According to court documents, Rios and his wife, Maria Santana, hosted a party at their home on the night of June 21. A next-door neighbor said the couple had a fire burning in a backyard fire pit.

Court documents say after guests left, Diego was crying and Rios' wife told Rios she believed the baby was getting sick. Rios said he would take the baby outside to sleep with him and his 4-year-old daughter accompanied him, according to court documents. When he awoke around midnight, his daughter and infant son were gone.

That's when he found the baby in the fire pit, court documents say.

Rios told police he drank between three and six beers during the party at his house that night, and was tired from working all day, court documents say.

The King County Medical Examiner's Office said Diego died of smoke inhalation and burns to his entire body. Court documents said the autopsy also revealed Diego had soot in his esophagus, indicating he was alive when he fell into the fire pit.

Rios, who has used different aliases and birth dates in the past, has been deported to his native Mexico three times — in 1994, 1996 and in 2001, Immigration and Customs Enforcement officials said.

Rios was convicted of four cocaine-related charges between 1991 and 1994, court documents say. He was convicted of marijuana possession in 1990.

In 2001, he was arrested on suspicion of felony harassment and two counts of fourth-degree assault, according to court documents. All of those charges — related to a domestic-violence call — were dropped.