Father sentenced in son's fire pit death

Father sentenced in son's fire pit death

Alberto Rios reacts to the sentencing Friday in Judge Richard McDermott's courtroom.

By KOMO Staff

KENT, Wash. - A Federal Way father was sentenced to 23 months in prison Friday for letting his 7-month-old son burn to death in a fire pit.

Alberto Rios, 38, pleaded guilty to second-degree manslaughter in the case in August, and was sentenced by Judge Richard McDermott at the Regional Justice Center in Kent.

Rios was visibly upset and weeping in the courtroom Friday as the sentence was handed down.

In a statement of guilt submitted earlier by Rios, he 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.

Prosecutors had been asking for the maximum sentence of 27 months, while defense attorneys sought the minimum 21 months.

The judge came down with a sentence between the two extremes.

The second-degree manslaughter charge reflects an unintentional death resulted from negligent behavior by the defendant.

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.
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