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Father Pleads Guilty In Baby's Fire Pit Death

POSTED: 3:13 pm PDT August 19, 2008
UPDATED: 7:39 am PDT August 20, 2008

A Federal Way father admitted his drunkenness caused the death of his baby boy, when he allowed the infant to fall into a fire pit and burn to death, reported KIRO 7 Eyewitness News.

Alberto Rios pleaded guilty to second-degree manslaughter in court Tuesday. In doing so, Rios has been advised that he will go to prison and will then be deported, as he is in the U.S. illegally.

"I woke up startled and noticed the children were gone," said Superior Court Judge Sharon Armstrong as she read Rios’ statement. “We had beer and I consumed six to nine beers throughout the evening.”

In that statement, Rios admitted that on June 22, in his own backyard in Federal Way, he drank beer and lit a fire in the homemade fire pit to roast some corn with friends. When they left, he fell asleep next to the fire, holding his 7-month-old son.

Sometime after that, baby Diego fell into the pit and was burned to death.

Rios will be sentenced in October and will likely get about two years in prison.

His attorney said what happened was simply a tragic accident.

"Shielding his son from the fire initially shows that he was just a caring father that, when he fell asleep, this was just very well could have happened to anybody,” said Rios’ attorney Michael McCullough.

The state considers his behavior reckless and criminal, something Rios admitted in court.

"Due to the alcohol I consumed, I was negligent and unable to properly supervise Diego,” Armstrong read.

An immigration hold on has already been put on Rios, which means after he serves his sentence he will be deported to Mexico.

Rios and his wife also have a 4-year-old daughter, who was also with him when he fell asleep next to the fire pit, but she was old enough to go back into the house when he fell asleep.


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