Infant's death in fire pit sends father to prison

KENT — Alberto Rios hung his head and wiped tears from his eyes almost continually as he was sentenced to nearly two years in prison for the death of his 7-month-old son, who died when he fell from his intoxicated and sleeping father's arms into a backyard fire pit.

The 39-year-old Federal Way man pleaded guilty in August to second-degree manslaughter in the death of his son, Diego Alberto Rios-Santana.

Rios also could face deportation at the conclusion of his sentence, although that issue was not addressed at the sentencing hearing Friday in the Norm Maleng Regional Justice Center.

Before the sentence was handed down, Rios' wife, Concepcion Maria Santana, begged the judge not to condemn their family to more suffering by sending her husband to prison.

"I have already lost one of my most dearest beings in the world through this accident," an interpreter read from a letter written by Santana. "Please do not condemn us to live without each other."

She said her husband, who has a "very large heart" and spent hours every day kissing and playing with his children, had already suffered "profusely" from the loss of their son.

According to an earlier statement, Rios said that on the night of June 21, he and his wife hosted a party at their home to celebrate the completion of a construction job.

During the celebration, Rios drank six to nine beers, according to that statement.

After guests left, Rios took the couple's son 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.

Rios said he fell asleep with Diego in his arms.

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.

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

Judge Richard McDermott appeared to lose patience with Rios when he interrupted the court with questions about the length of his sentence and why he should have to submit to alcohol treatment and counseling when he doesn't believe he has an alcohol problem.

"I'm a firm believer that you should not be drinking alcohol at all when taking care of children," McDermott said.

"You made a bad decision by taking care of your child when you had too much to drink. I can't ignore that a child has died because of your negligence."

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com