Father of baby burned in fire pit charged with second-degree manslaughter

A Federal Way man was charged today with second-degree manslaughter in the death of his infant son last weekend in a backyard fire pit.

Alberto Rios, 38, will be arraigned on July 9 at the Norm Maleng Regional Justice Center in Kent. If convicted as charged, the sentence range is 21 to 27 months in prison.

Police were called to the man's home in the 2600 block of Southwest 333rd Place at 12:02 Sunday morning. Rios told police he fell asleep on a bench near the fire pit with his 7-month-old son, Diego Alberto Rios-Santana, on his chest. When he awoke, he said, he found his son dead in the fire pit.

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

The King County Medical Examiner's Office said Wednesday that 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 was arrested Tuesday and is being held at King County Jail. His bail was set at $1 million. Prosecutors said Rios was a flight risk and cited several drug convictions in asking for the high bail.

In 1995, he was charged with possession of heroin under an alias, according to court documents,

In 2001, he was arrested on suspicion of felony harassment and two counts of fourth-degree assault, according to court documents. The domestic-violence charges were dropped prosecutors said Wednesday, although it was unclear why.

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.

Leslie Anne Jones: 206-464-2745 or ljones@seattletimes.com