Father pleads guilty in infant's fire-pit death

Sobbing and wringing his hands, a Federal Way man charged with second-degree manslaughter in the death of his 7-month-old son in a backyard fire pit pleaded guilty Tuesday and faces up to 2-¼ years in prison and deportation to his native Mexico.

Alberto Rios, 39, is scheduled to be sentenced Oct. 3. He previously had pleaded not guilty in the case.

In a statement read by King County Superior Court Judge Sharon Armstrong, Rios said Tuesday that on the night of June 21 he and his wife, Maria Santana, hosted a party at their home to celebrate the completion of a construction job. During the celebration he drank six to nine beers, according to that statement.

After guests left, Rios took the couple's son, Diego Alberto Rios-Santana, and their 4-year-old daughter outside to the fire pit. They settled in, and he tucked the baby between his arm and chest, Rios said.

"I threw some logs onto the fire and cradled Diego in my arms. ... I then fell asleep."

When he awoke around midnight, his daughter and infant son were gone. Rios said he ran inside and found his daughter but not his son. He ran back outside and that's when he found the child in the fire pit, he said in the statement.

"Due to the alcohol I consumed, I was negligent and unable to care for the baby."

The King County Medical Examiner's Office said Diego died of smoke inhalation and burns to his entire body.

Prosecutors and Rios' defense attorney spent weeks working on a plea agreement. Senior Deputy Prosecuting Attorney Steven Kim said Rios did the right thing "by taking responsibility."

Michael McCullough, Rios' attorney, said both Rios and his family consider the child's death "a tragic accident."

"He was a caring father. This could have happened to anyone," McCullough said.

Several family members sat silently in the rear of the courtroom at the Norm Maleng Regional Justice Center in Kent and declined to speak after the hearing.

After being led in by jail guards, Rios, wearing a red jail shirt, pants and sandals, sat at a table and immediately began wiping tears from his eyes. He answered questions from the judge through an interpreter, telling her that he only finished first grade, wrote and read Spanish and asking her for the low end of the range when sentenced.

Attorneys said that Rios could be deported after his sentencing or could be made to serve his sentence first. Rios, who has used different aliases and birth dates in the past, already has been deported to his native Mexico three times — in 1994, 1996 and 2001, Immigration and Customs Enforcement officials have said. He also has several prior drug-related convictions, according to court documents.

The state is recommending Rios receive 2-¼ years in prison — the high end of the standard range for the crime — pay the costs of his incarceration, and complete 18 to 36 months in community custody when released.

Natalie Singer: 206-464-2704 or nsinger@seattletimes.com

Information from Seattle Times archives is included in this report.