$1 million bail set for father of baby found dead in Federal
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By Leslie Anne Jones
Seattle Times staff reporter
A Federal Way man arrested in connection with the death of his infant son in a backyard fire pit last weekend was ordered held Wednesday on $1 million bail.
King County prosecutors cited Alberto Rios' criminal record in requesting the high bail during a brief hearing at King County Jail. Rios, 38, has several drug convictions and a domestic-violence charge that was later dropped, said deputy district attorney Steven Kim.
Rios, who has used different aliases and birth dates in the past, also is in the U.S. illegally and has been deported to his native Mexico three times — in 1994, 1996 and in 2001, Immigration and Customs Enforcement officials said. Rios is being held at the jail. Kim said prosecutors would decide on formal charges within the next two days.
Police were called to Rios' home in the 2600 block of Southwest 333rd Place at 12:02 Sunday morning. Rios told police he fell asleep on a bench near the fire pit with his 7-month-old son, Diego Alberto Rios-Santana, on his chest. When he awoke, he said, he found his son dead in the fire pit.
The King County Medical Examiner's Office said Wednesday that Diego died of smoke inhalation and burns to his entire body. Court documents said the autopsy also revealed Diego had soot in his esophagus, indicating he was alive when he fell into the fire pit.
Court papers released Wednesday also revealed new details about what happened Saturday night.
Rios and his wife, Maria Santana, had hosted a party that night to celebrate a construction job he had just finished, court papers say. Rios told police he drank between three and six beers and was tired from working all day. A next-door neighbor told a reporter the party was loud and she could see a bonfire blazing in the family's backyard from her bedroom window.
Things quieted down about 10 p.m., the neighbor said, but the fire continued to burn.
After the party ended, Rios said Diego was crying and his wife told him she believed the baby was getting sick. Rios told Santana he would take the baby outside to sleep with him. His 4-year-old daughter asked if she could sleep with him outside too, court papers said. Rios said he fell asleep on the bench near the fire pit with the baby on his chest and his daughter beside him, according to court papers.
When he awoke around midnight, his daughter and infant son were gone. Rios went inside to look for the baby, but returned outside when he couldn't find him. That's when he found Diego in the fire pit, according to court papers.
A neighbor and family friend, Sonya Kendrick, heard a loud bang on her door a short time later, court papers said. She heard Santana screaming for help, according to court papers. When Kendrick arrived at the home she found Rios lying face down and cradling the baby near the fire pit, she told police.
When police arrived, they found Rios holding the dead child wrapped in a jacket in his arms. Police searched the house and had Rios' blood drawn.
Rios was taken that night to the Federal Way Police Department. Officers said Rios alternately screamed and sobbed in the patrol car, asking over and over how this could happen, according to court documents.
Rios waived his right to appear at Wednesday's bail hearing.
Rios has four prior drug convictions, beginning with a conviction for possession of marijuana in 1990, according to court documents.
In 1995, he was charged with possession of heroin under an alias, according to court documents.
In 2001, he was arrested on suspicion of felony harassment and two counts of fourth-degree assault, according to court documents. The domestic-violence charges were dropped, prosecutors said Wednesday, although it was unclear why.
In 2004, Rios was arrested on suspicion of driving with an open container of alcohol and on suspicion of negligent driving, according to court documents.
Immigration and Customs Enforcement has a detainer on Rios, said spokeswoman Lorie Dankers. As soon as judicial proceedings and any possible prison time are completed, he will be processed for deportation, she said.
Santana and the couple's 4-year-old daughter are staying with family.
Karen Lee, spokeswoman for the state Department of Social and Health Services, said her office has had no previous contact with the family and that the mother has been very cooperative.
Leslie Anne Jones: 206-464-2745 or ljones@seattletimes.com
Copyright © 2008 The Seattle Times Company
IMO, Alberto Rios should fry in the pit.
