Father changes plea to guilty in son's fire pit death

Summary

Alberto Rios pleaded guilty to manslaughter charges Tuesday, admitting he had been drinking beer and fell asleep near where his 7-month-old son got into a fire pit.

Story Published: Aug 19, 2008 at 3:18 PM PST

Story Updated: Nov 20, 2008 at 11:53 PM PST

Father changes plea to guilty in son's fire pit death

Alberto Rios cries in court on Tuesday, August 19, 2008.

KENT, Wash. -- A Federal Way father accused in the death of his 7-month-old son pleaded guilty in court Tuesday.

Alberto Rios, 38, was expected to enter a guilty plea back in July, but backed out at the last minute and changed his plea to not guilty.

But Tuesday, he changed his plea again to guilty of second-degree manslaughter, which alleges that an unintentional death resulted from negligent behavior by the defendant.

Rios appeared visibly upset in court, weeping as the judge read his statement of guilt.

In that statement, Rios admitted he had been drinking beer and fell asleep on a couch outside his home while holding his baby near a fire pit.

When he awoke, he found his son severely burned in the pit. The King County medical examiner's office says the baby - Diego Rios Santana - died of smoke inhalation and burns over 100 percent of his body.

"He's understandably upset," said defense attorney Michael McCullough. "Nobody's ever pretended that this was anything but a tragic accident. It's just a matter of meeting with him; he's always been willing to accept responsibility for his actions."

Prosecutors are asking for the maximum sentence of 27 months, while defense attorneys are asking for the minimum 21 months. Rios is scheduled to be sentenced on October 3.

It's still unclear whether Rios will spend any time in jail here. He is an illegal alien who has been deported three times to Mexico. His attorney says that will be left up to immigration officials.