He then pleaded guilty to second-degree manslaughter in the death of the baby, Diego Rios-Santana, who fell into the backyard fire pit June 21. The child died of smoke inhalation and burns to his entire body.

Rios will be sentenced Oct. 3. Prosecutors want the maximum sentence of 27 months in prison. Rios’ lawyer wants the minimum of 21 months.

A sentence for first-degree manslaughter would have been about six years longer. Prosecutors didn’t feel they had enough grounds to press ahead with the more severe charge.

Lori Haley, a spokeswoman for U.S. Immigration and Customs Enforcement, said Rios would be deported after he serves his sentence in prison because he is in the country illegally and has felony convictions.

Rios was previously convicted on drug charges and has been deported three times since 1994.

In his statement, Rios explained he had a party that night in June, celebrating the completion of a construction job with co-workers. They started a fire to roast some corn in the backyard of his house in the 2600 block of Southwest 333rd Place.

After the party was over and the guests had left, he took Diego and his 4-year-old daughter out to the fire pit.

Rios said he fell asleep on a couch with Diego in his arms. When he awoke, both children were gone. He ran into the house and found his daughter OK.

“I ran out to the fire pit and found Diego in the fire pit,” Rios said. “I immediately scooped him out.”

Rios said in his statement that he drank from six to nine beers that night. He previously told police he drank from three to six beers.

Federal Way police spokeswoman Cathy Schrock said Tuesday that a toxicology screen for drugs and alcohol in Rios’ blood came back negative. She said the test was taken about eight to 10 hours after police arrived at the scene. During that time, the alcohol Rios admitted to drinking could have passed out of his system, she said. Police couldn’t obtain a blood draw until they developed probable cause, prepared a search warrant and had it approved by a judge, Schrock said.

Four supporters of Rios sat in the back row of the courtroom in the Regional Justice Center in Kent. They declined to comment afterward.

During the hearing, a translator repeated the judge’s questions in Spanish to Rios. Dressed in a red jail T-shirt and pants, Rios pleaded guilty but asked Armstrong for the minimum sentence. She replied that another judge would sentence him.

Michael McCullough, Rios’ attorney, said the guilty plea was “the best outcome we could get.” Rios wanted to plead guilty in July but entered a not guilty plea then on the advice of his lawyers.

“He’s understandably upset, and nobody has ever pretended this was anything but a tragic accident,” McCullough said.

McCullough said Rios’ wife, Maria Santana, is “understandably upset as well, but she’s coping quite well now.”

He said Santana also views her baby son’s death as a “tragic accident.”

Steve Maynard: 253-597-8647

Statement of Alberto C. Rios in entering his guilty plea Tuesday:

“On June 22, 2008, in King County, Wash., I was celebrating completing a roofing job. I invited my co-workers to my house and we lit up a fire pit to roast some corn. We had beer and I consumed six to nine beers throughout the evening.

After everyone left, I took my daughter and my baby son, Diego, out to the fire pit. I threw some logs on the fire and cradled Diego in my arms, wedging him between the back of the couch and myself. I then fell asleep.

I woke up startled and noticed the children were gone. I ran in the house (and) found my daughter. I ran out to the fire pit and found Diego in the fire pit. I immediately scooped him out. Due to the alcohol I consumed, I was negligent and unable to properly supervise Diego.”