Alberto C. Rios wanted to plead guilty Wednesday in the June death of his of 7-month-old son in a backyard fire pit. But the Federal Way man entered a plea of not guilty on the advice of his lawyers.
Rios, 38, may still plead guilty to second-degree manslaughter later, but his attorneys want more time to look at the evidence against him and to make sure he fully understands that decision, they said at a hearing in King County Superior Court in Seattle.
Michael McCullough, Rios’ lawyer, said he wanted to make sure his client entered a plea “voluntarily, knowingly and intelligently.”
Prosecutors said that while they appreciated Rios’ desire to take responsibility for his actions and bring the case to a close quickly, they also had concerns about a guilty plea Wednesday. Prosecutors noted that they’re not planning to change the charge or add charges at this time.
Before leaving the courtroom, Rios gave a quick wave to the supporters who came out to see him. They declined to speak to the media after the hearing, crowding into an elevator and turning their backs to the TV cameras.
According to police, Rios fell asleep on a backyard bench after a party while holding his son, Diego Rios-Santana, on his chest. When he woke up, he found the child in a nearby fire pit, burned over his entire body. He told police he’d had three to six beers.
Rios was being held in lieu of $1 million bail because he’s in the United States illegally and prosecutors say he has a high risk of fleeing.
Rios, who had a translator at his side during the hearing, was deported in 1994, 1996 and 2001, immigration officials have said. He has four drug convictions in the United States, including several for dealing cocaine.
He was scheduled to appear in court again July 22.
Ian Demsky: 253-597-8872
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