View Full Version : Baby dies after falling into fire pit
Jaded
June 24th, 2008, 03:39 AM
FEDERAL WAY, Wash. – A 7-month-old baby boy is dead after falling into a burning fire pit.
The accident happened Saturday night in the 2600 block of SW 333rd Place in Federal Way.
The child's father apparently fell asleep and when he woke up, the boy was gone.
The little boy was later found in the backyard fire pit, he was covered with fatal burns to his whole body.
No arrests have been made.
Federal Way Police are trying to determine if the father was negligent in this case or if this was simply a tragic accident.
http://www.nwcn.com/statenews/washington/stories/NW_062308WAB_baby_fire_pit_KC.32e11266.html
Can't wait for more info on this one.....
ceisdsgil
June 24th, 2008, 06:17 AM
oh my goodness.. poor baby..
~ceisdsgil
CorruptedMistress
June 24th, 2008, 08:33 AM
My heart goes out to that baby, the poor thing.
How did a 7 month old get to the fire pit in the first place? crawling? Did the baby leave the house? How is that possible? Obviously neglect if he left the door open.
Oh, and who leaves a fire pit lit unattended?
~Absynthe~
June 24th, 2008, 09:31 AM
Oh my god..this is just terrible!!!
I agree..how does a 7 month old get into the fire pit? My daughter started walking when she was 7 months old, but there was know way she could of made it out the door and into the yard.
God bless this poor little fella!!
Wicked_Weotch
June 24th, 2008, 09:57 AM
That poor little boy.
I find it hard to believe that they don't have those nifty little things at home called a crib or a pack n play. When my daughter was that little, I drank as much red bull or coffee as I had to in order to stay awake and take care of her until she went to sleep. If I had a migrane, I just popped her into the pack n play in the living room and laid down on the couch while she played with her toys.
Mom of 4
June 24th, 2008, 10:09 AM
WTF??? Uh yeah I call BS. A 7 month old baby managed to get himself outside and to the burning fire pit in the yard? I don't think so. I would wager this baby wasn't even walking yet and no fucking way could he open the door. Babies also feel heat so it's not like he would have hopped into the fire either. Yes he could have fallen in but I don't believe he could have got himself outside in the first place.
Dakota Valkyrie
June 24th, 2008, 10:24 AM
WTF??? Uh yeah I call BS. A 7 month old baby managed to get himself outside and to the burning fire pit in the yard? I don't think so. I would wager this baby wasn't even walking yet and no fucking way could he open the door. Babies also feel heat so it's not like he would have hopped into the fire either. Yes he could have fallen in but I don't believe he could have got himself outside in the first place.
I know we're not supposed to post messages that just basically say "I agree" but DAMN! You nailed that one!!
michelle
June 24th, 2008, 11:24 AM
So fucked up. Something is fishy here. :Cry: Poor baby. How the hell he get outside?
ImmortalOne
June 24th, 2008, 11:58 AM
Okay
scenario 1: Dad fell asleep inside with baby on his lap/crib/playpen. How the hell does it get outside to a firepit outside? --- Total bullshit, not possible.
scenario 2: Dad fell asleep by the firepit with the baby nearby. Baby falls into firepit and dad doesn't hear the commotion or screaming? --- Total bullshit, again not possible.
scenario 3: Dad left baby playing outside and went inside, forgetting about him. Baby then crawls around and ends up in the firepit. --- Plausible but obvious neglectful behavior. But if a new parent may not have realized the baby was -that- mobile...
Or most possible... Dad did something to the baby, put him in there himself, then walked away only to claim that it was an accident later. Honestly, I hate to say it, but this is what seems most likely happened... or maybe I am just jaded after being here on DD for so long.
Funkmama
June 24th, 2008, 12:25 PM
Come on? Seriously? This cannot possibly be a tragic accident. There is something else going on here... How many of us have fallen asleep with our babies in the room. All of us, I am sure. I know I have. Now, who has left a fire pit unattended and the door open with no baby gate up? Who would sleep through those excruciating little baby cries? No one, thats who! The only way it make sense that this wasn't a straight up murder; is that dad was too high or drunk to know what the fuck was going on around him, in which case... He should be strung up by his toenails and sodomized with a hot iron pitchfork. Amen? Amen.
Wicked_Weotch
June 24th, 2008, 12:30 PM
... He should be strung up by his toenails and sodomized with a hot iron pitchfork. Amen? Amen.
How about his nuts? Toenails fall off.
Funkmama
June 24th, 2008, 12:33 PM
How about his nuts? Toenails fall off.
Exactly. Ripped off toenails can't feel good... The nuts sound good too, as long as its done with morbidly oversized rusty fishooks....
petrina
June 24th, 2008, 12:34 PM
i am with you all - it sounds fishy.
i lived in the country for a VERY short time - i was horrible at it. but one thing i learned was that everyone burned their trash - like daily. so there was always a fire pit burning - tho usually a fire barrel. but i dont know if this speaks to the incident being common or just being seen as a valid excuse by the father. and maybe he was thinking well, all kids are drawn to fire... but this baby seems wayy too young to have opened any doors and crawled to the pit.
but then, there was the poodle puppy eating the baby testicles. and law enforcement seems to think that was an accident as well. so ... am i just deluding myself regarding what seems probable? i want to say no, but this just makes no sense.
Ruby
June 24th, 2008, 12:48 PM
The story I read on this this morning said that the father fell asleep with the baby on a bench IN THE YARD, and when he woke up, he found the baby dead. Still completely fishy and fucked up, but it answers the question of how the baby got outside.
CorruptedMistress
June 24th, 2008, 01:20 PM
He had a fire pit going, was watching a 7 month old, and just fell asleep?
Glad to see this guy had priorities..
Lizard
June 24th, 2008, 02:01 PM
He had a fire pit going, was watching a 7 month old, and just fell asleep?
Glad to see this guy had priorities..
It was Saturday night. Dad was probably wasted.
Unamused Cat
June 24th, 2008, 02:41 PM
This is bullshit. A seven month old baby can't walk. He did not just toddle on over to the fire and fall in.
Jaded
June 24th, 2008, 05:10 PM
Little more info....
http://www.katu.com/news/20742734.html
From article:
FEDERAL WAY, Wash. -- A six-month-old baby is dead after falling into a fire pit and burning to death.
Police spokeswoman Cathy Schrock said the father told investigators that he fell asleep in the backyard with the boy Saturday night, and when he woke up the child was missing.
He said he went inside to ask his wife if she had the baby, and when they returned to the yard they found the boy covered with burns in the fire pit at the house in the 2600 block of SW 333rd Place.
Neighbors rushed over when they heard screams, but it was too late to save the boy.
Neighbor Levi Thomas said the baby's name was Diego.
"He was your typical six-month-old, all smiles and coos, vibrant and young, waiting for a chance to grow," he said.
Detectives questioned the child's parents and neighbors, and officials said the father could face charges.
Video at link. Reporter talks to the older brother of the baby....
~Absynthe~
June 24th, 2008, 06:30 PM
Detectives questioned the child's parents and neighbors, and officials said the father could face charges
WTF!!!! He should have already been charged!!! WTF!!!
You just don't go to sleep out in the yard with a six month old on your lap and a fire burning!! This has got me so pissed I could spit razor blades!! My granddaughter is almost six months old and she isn't walking yet, what did he do roll over and the baby went in the fire..or did he throw it in there!!
I would never leave my child outside with my hubby to take a nap while there was a fire going!!!:mad: Even though he is a wonderful father..I just wouldn't do it!
Dakota Valkyrie
June 24th, 2008, 07:11 PM
You suppose he was tanked and "in his sleep" tossed the baby off and he landed in the fire? Just thinkin' out loud...
The neighbors heard the parents screaming but didn't hear a baby getting burned to death? Odd...
silvahalo68
June 24th, 2008, 07:27 PM
OMG! poor, poor baby. What a terrible and tragic way to go. My thought is the so called father was wasted or drunk or both. The mother must be sharpening her blades or loading the weapons...what a horror to find your baby that way.
Come hell or high-water, his ass would be mine...I'd have a BQ Texas style and invite all the neighborhood dogs.
Rest in peace baby Diego.
Ruby
June 24th, 2008, 07:40 PM
I'm not buying it. No way could a baby fall into a fire and no one hears its cries/screams. Sorry, I'm tending towards the dad bopped the baby hard and killed it, then came up with a cover story involving the fire. Just a hunch...
Unamused Cat
June 24th, 2008, 10:20 PM
The father was arrested at 4:45 p.m. after he was questioned by police a second time. The 37-year-old man will be booked into the King County Jail in Seattle on investigation of first-degree manslaughter, according to a department news release.
http://seattletimes.nwsource.com/html/nationworld/2008014573_webbaby24m.html
w8ng4msrgt
June 24th, 2008, 10:21 PM
Beat me by a minute
ceisdsgil
June 24th, 2008, 11:47 PM
if they're claiming first degree manslaughter.. there's something more to this story.. maybe they discovered how the baby actually did end up in the pit?
~ceisdsgil
Unamused Cat
June 25th, 2008, 12:07 AM
Beat me by a minute
And that is not easy to do. :smile2:
Jaded
June 25th, 2008, 09:39 AM
Video at link.....
http://www.nwcn.com/video/index.html?nvid=257577
Can't get a clear pic of dad from the video.
Does show the distance between the metal bench and the fire pit and yes, they were partying that night. :(
Dakota Valkyrie
June 25th, 2008, 10:04 AM
http://i27.tinypic.com/wme0qa.jpg
The baby's mother is said to be heartbroken and angry over her son's death.
"She is just everything right now, everything. I can't blame her," said Sonya Squires, a friend.
Police believe the baby's death may have been a horrible accident, but were running blood tests on Rios for traces of drugs and alcohol. The results were not expected for several days.
Detectives were also questioning neighbors.
"We're trying to talk to anyone who would have been at the house in the previous 24 hours, even," said police spokesperson Cathy Schrock. "We're talking to everyone to try to put together a timeline as to what led up to this tragic incident."
A social worker contacted the baby's mother, who said she is willing to work on a safety program to keep her 4-year-old daughter safe.
http://www.katu.com/news/local/21068334.html
Mom of 4
June 25th, 2008, 01:08 PM
OK so they were partying. I fully understand the mother being heartbroken as one would hope that any mother would be. I have some questions though. Why did mom leave the baby outside with hubby if hubby was drunk? Did they have guests over for the "party" and if so were any of the guests still there? Nobody heard the baby crying? was everyone drunk?
I am not blaming the mother per say. However, if my husband was drunk I would not leave my 6month old baby outside with him next to the fire pit. The baby would be in his crib or in the house at least with me. I'm not real big on drunk people caring for an infant but that's just me.
petrina
June 25th, 2008, 02:10 PM
the part i dont understand now is, he said that he couldnt find the baby. that he was on that bench asleep and when he woke the baby was missing and he went inside to look for it, then they both came outside and saw that the baby was in the pit and started screaming.
my problem is - if you look at that video where they show the firepit - the bench is right near the firepit. the baby could have rolled off his gut and fallen in. so how could he have thought that the baby was missing? it was charbroiling less than a metre away. and i am assuming it was not pitch black out bc the fire was at least embers to burn the baby. even if he didnt see or hear anything - he had to have SMELLED it! i mean - burning flesh is one thing and burning diapers is another. both unmistakeable.
silvahalo68
June 25th, 2008, 05:21 PM
Well after seeing the video I feel this was likely a unfortunate tragedy. The father is Hispanic, at least looks like he is and I'm Hispanic too. I can tell you, especially 1st generation Mexican American's do this kind of fire-pit thing all the time. Growing up I was around fiestas, (parties), from Birthday's to Christening...give a Mejicano a reason to party and we do so, open fire pits and all. Old culture Mexican upbringing it is very common to see really stupid things like unsecured pits and such and not even think twice about it. I'm thinking they had a party, father drank a bit too much dosed off with baby next to him....there goes baby. Old school Mexican families, trust me on this, just don't think about those kind of hazards. Its due to the poor conditions in Mexico where open fire pits are the way of life. Babies are also up to the wee hours of the morning. (NOT my kiddos). Neighbors said he was hard working and seemed like a good father...I hope this is true.
Really, really sad. The mother must be beside herself with grief.:sad2:
Jaded
June 25th, 2008, 06:29 PM
I'm still not sure what to think of this one. Some of it just doesn't make any sense.
I'm hoping for some more info soon...such as BAC and autopsy. I just don't think that a baby is going to crawl into a fire pit. And if he had fallen off of the father's stomach, wouldn't he have screamed upon hitting the ground?
This one just makes my brain hurt.....
Jaded
June 25th, 2008, 11:16 PM
Bail is $1 million....
http://www.nwcn.com/statenews/washington/stories/NW_062508WAB_baby_fire_pit_wed_TP.3acf5f31.html
From article:
FEDERAL WAY, Wash. - The father of a 7-month-old boy who was found burned to death in the family's backyard fire pit is being held on $1 million dollars bail.
The 37-year-old father - Alberto Rios – is being held on investigation of first-degree manslaughter. He chose not to appear before a judge Wednesday.
An autopsy on little Diego Rios died of smoke inhalation and burns over 100 percent of his body.
SoUncool
June 25th, 2008, 11:29 PM
I really thought these details were interesting. Is there more to this story perhaps?
http://www.komonews.com/news/21590744.html
Deputy Prosecutor Steven Kim says he sought the high bail because Rios is an illegal alien who has been deported twice to Mexico and could be deported a third time and because the man blames himself for his son's death and might harm himself.
Rios also has a history of drug and alcohol convictions dating back to 1990.
The death was ruled a homicide.
A statement of probable cause by Federal Way police detectives says officers first got the call early Sunday morning that a baby had been bitten by a dog, and then a second call came in that the baby had been burned.
Officers arrived at the family home and found the father holding the lifeless child, badly burned and with a hole in its head.
Detectives say during questioning of Rios, he said he had between 3-6 beers during a party at the home that night, but was tried from working all day.
The probable cause statement then gives the following account of subsequent events: that after everyone went home, Rios went into the house and found his wife with his son, Diego. Diego was crying and his wife said she thought Diego was getting sick.
He told his wife he would take Diego outside and let him sleep with him. His 4-year-old daughter also wanted to sleep outside with him. He agreed and fell asleep with Diego on his chest and his daughter by his side.
The next thing he knew, his baby was missing and his daughter was also gone. He went looking around his home and couldn't find him. He then asked his wife where Diego was, then ran out to the fire pit and found Diego. He says he grabbed him out of the pit and scrapped cinders off his back.
The wife went running to a neighbor for help. She arrived to find Rios lying face down cradling the baby near the fire pit.
Jaded
June 25th, 2008, 11:31 PM
I really thought these details were interesting. Is there more to this story perhaps?
I haven't seen any of this yet....
Would ya link me???
SoUncool
June 25th, 2008, 11:34 PM
I haven't seen any of this yet....
Would ya link me???
Sorry, thought I had! It's in my post now. It sounded like the same article you linked but I guess it was a little different...
SoUncool
June 25th, 2008, 11:36 PM
I sure hope the 4-yr old daughter didn't have any part in this...geez...
Jaded
June 25th, 2008, 11:39 PM
How in the hell did it go from a dog bite to a burned baby???
And why in the FUCK did that child have a hole in his head???
Thanks for the link SoUncool....I hadn't even read that information yet.
Now my mind is just totally scrambled on this one.....
Mom of 4
June 25th, 2008, 11:39 PM
I sure hope the 4-yr old daughter didn't have any part in this...geez...
I don't know but the bits and pieces we are getting have me asking more questions really. Whats up with the call saying the baby was bit by a dog? WTF is up with the hole in the baby's head? Something is off if you ask me.
ImmortalOne
June 26th, 2008, 12:18 AM
There is more than something off about this. There are so many questions that are not answered and if answered it isn't likely answers. Also is the boy 6 or 7 months? Was it a dog bite gone wrong, yet no dog is on the property... the baby gets burned feet away and dad is too drunk to hear... the other child is outside and didn't hear and yet was "missing"... I'm certain that this little baby's life was taken cruelly, and probably by this asshole. I hope they don't deport his ass, I am thinking someone might need to put a needle in his arm.... we should be so lucky.
Jaded
June 26th, 2008, 10:44 AM
I know this is a shitty capture from a video, but can anyone else see the distance between the bench and the fire pit?
http://i29.tinypic.com/2m6lptu.jpg
SoUncool
June 26th, 2008, 10:46 AM
I saw this too yesterday. It's not far. And seriously, that baby could have rolled into the pit VERY EASILY. Where the hell was the daughter sleeping I'm wondering??
CPL CHUD
June 26th, 2008, 10:48 AM
I don't see what the big deal is. Hasn't anybody had baby back ribs?
SoUncool
June 26th, 2008, 10:59 AM
Sorry CPL CHUD...gotta groan you on that one.
Rotten Apple
June 26th, 2008, 11:04 AM
I don't see what the big deal is. Hasn't anybody had baby back ribs?
Are you channeling swivel?
Jaded
June 26th, 2008, 11:45 AM
More info....
http://seattlepi.nwsource.com/local/368384_baby26.html?source=mypi
From article:
Officers found Alberto Rios, 38, crying hysterically and rocking back and forth as he cradled his 7-month-old son, repeating "por qué" -- Spanish for "why."
"He also was asking over and over how this could have happened," police said in court documents released after the bail hearing in the King County Jail, where Rios is being held on investigation of manslaughter. Prosecutors said charges could be filed by Friday.
Deputy prosecutor Steven Kim asked for a high bail, saying that Rios, who also goes by the name Calderon Martinez and has been deported three times to Mexico, represented a flight risk and was wanted by Immigration and Customs Enforcement. He also noted that Rios has a string of arrests and convictions for drug and alcohol offenses dating to 1990.
Officers found Rios holding the charred baby in a jacket and pronounced the child dead at 12:02 a.m. Sunday.
Rios' previous arrests included possession of marijuana in 1990, driving with an open container of alcohol in 1994 and drug possession in 1995. He was convicted of drug possession in 1991. A felony harassment charge in 2001 involving domestic violence and allegations of heavy drinking was dismissed that year.
The relative called the baby's death an accident, saying Rios loves his children so much, and described the baby as a "happy little boy" with black eyes and so much black hair that his family had to cut it often.
The teething child could not crawl, enjoyed his baths and loved being cuddled and having his bare feet in the grass, the relative said.
Knowing that it was an accident doesn't make it hurt any less. :(
ImmortalOne
June 26th, 2008, 05:29 PM
If he could not crawl... as that quote states... then HOW did he get in the fire without anyone hearing him?! Nadezdha even bonks her head good and she cries... the vacuum sets her off in hysterics....
Jaded
June 28th, 2008, 12:29 AM
He will be charged with 2nd degree manslaughter instead of 1st degree.
There is still no explanation for the hole in the baby's head. :(
http://www.katu.com/news/22166554.html
From article:
Dan Donohoe of the King County Prosecutor's Office said second-degree manslaughter charges are filed when an unintentional death results from extremely negligent behavior.
The baby also had a hole in its skull when medics arrived, but it is unclear how that injury occurred.
Rios is scheduled for arraignment on July 9 at the Norm Maleng Regional Justice Center in Kent. If convicted as charged, the sentence range is 21 to 27 months in prison.
w8ng4msrgt
June 28th, 2008, 01:15 AM
Let us see. He will get 27 months and be deported after he serves his sentence. So within 36-37 months his illegal ass will be back breeding again.
Is mama also illegal? Oh wait, they probably can't ask that in Wa.
ceisdsgil
June 28th, 2008, 02:28 AM
some babies never cry.. my son didn't. even when he fell out of his crib and bonked his elbow on the way down.. I wasn't quick enough to catch him, as I walked in, as he was climbing over the rail..I must have startled him.. I ran to pick him up and checked him.. he wiggled out of my arms and ran off to play.. Didn't even phase him. at his next check up, I asked if he was ok.. Doc said he was fine.. was lucky he didn't fall on his head. we disassembled the crib and put him in a big boy's bed that same day. Of course he learned this, earlier than my girls did.
Kids are fairly resilient. The lil' boy in this article though.. my prayers go out to his mother.. and the rest of his family.. :(
~ceisdsgil
Jaded
August 19th, 2008, 11:13 PM
He pled guilty to second-degree manslaughter today....
Alberto Rios pleaded guilty to second degree manslaughter, which means he caused an unintentional death because of extremely negligent behavior.
Thirty-eight-year-old Rios had originally pleaded not guilty to second degree manslaughter charges, but changed his plea to avoid a possible first-degree charge that could have meant eight years in prison.
http://www.nwcn.com/statenews/washington/stories/NW_081908WAB_fire_pit_guilty_plea_TP.1360395f.html
michelle
August 20th, 2008, 01:34 AM
No matter the crime. A little baby is gone. Was it intentional? I don't think so. Does it matter to the baby? HELL yeah, he is dead!
Ceffy
August 20th, 2008, 04:00 AM
:target:The hole in the baby's head is most likely due to the soft spot. The soft spot would just be fleshy and would burn right through resulting in a hole.
Does anyone else suspect the mother is in on this? She was reportedly home at the time of the incident, just inside supposedly.
Here's a little scenario for you:
Dad blacks out *again* while watching the kids at the little party. Mom is real pissed *again*. Mom takes the baby and whoops! throws him in the cooker. Blames the irresponsible illegal dad who has a record. Bye bye sucker.
I just don't see how she could of not heard her baby SCREAMING while being burned to death. Some people on this site forget how much it HURTS to be burned, it hurts a whole lot worse than say, falling on your head. That baby was screaming, atleast until the smoke and heat bound up his lungs.
Both parents should be charged in my opinion.
Countess Olenska
October 3rd, 2008, 08:28 PM
Man whose baby died in fire pit will serve 23 months (http://www.thenewstribune.com/news/breaking/story/498936.html)
Alberto C. Rios, the Federal Way man whose baby son fell into a fire pit on June 21, was sentenced to 23 months in prison today.Prosecutors wanted the maximum sentence of 27 months for Rios, who pleaded guilty in August to second-degree manslaughter in the death of his 7-month-old son. Rios’ lawyer wanted the minimum of 21 months.
King County Superior Court Judge Richard McDermott issued his sentence in a Kent court.
In pleading guilty, the 39-year-old Rios admitted he fell asleep holding the baby, Diego Rios-Santana, after drinking six to nine beers and woke to find the boy in the fire pit.
Rios' wife, Concepcion Santana, was too distraught to read her statement in court today, so a translator did. The statement pleaded with the judge not to give her husband prison time, saying that he was a good father and that the couple needs to grieve together.
McDermott acknowledged the couple is suffering after Rios' "horrible" mistake, but said he couldn't ignore that a child had died.
Immigration officials say Rios will 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.
A sentence for first-degree manslaughter could have been about six years longer. Prosecutors didn’t feel they had enough grounds to press ahead with the more severe charge.
crickett
October 4th, 2008, 08:59 AM
The father was arrested at 4:45 p.m. after he was questioned by police a second time. The 37-year-old man will be booked into the King County Jail in Seattle on investigation of first-degree manslaughter, according to a department news release.
http://seattletimes.nwsource.com/html/nationworld/2008014573_webbaby24m.html
There is MORE to this story if he is being charged with first degree manslaughter instead of felony child neglect.
Ruby
October 4th, 2008, 12:34 PM
Well, he pled guilty to 2nd degree manslaughter, not 1st degree, Crickett. I'm not sure of the difference in degree as it applies to manslaughter (rather than murder), since manslaughter precludes premeditation, right? Does anyone know the difference in degree under the law??
Gilbrit
October 4th, 2008, 01:52 PM
Well, he pled guilty to 2nd degree manslaughter, not 1st degree, Crickett. I'm not sure of the difference in degree as it applies to manslaughter (rather than murder), since manslaughter precludes premeditation, right? Does anyone know the difference in degree under the law??
This is what I located, Ruby.
MURDER IN THE FIRST DEGREE
Murder in the first degree is the wilful, deliberate, malicious and premeditated killing of a human being. Malice, wilfulness, premeditation and deliberation, these four things, must co-exist before a defendant can be convicted of murder in the first degree.
MURDER IN THE SECOND DEGREE
Murder in the second degree is the unlawful killing of a human being with malice. but without premeditation and deliberation. And whenever one person unlawfully and with malice aforethought, but without premeditation and deliberation, kills another person it is murder in the second degree. Premeditation and deliberation, as I have heretofore defined these terms, while necessary to constitute a homicide murder in the first degree, are not essential elements of murder in the second degree, which is simply the unlawful killing of a human being with malice, but without premeditation and deliberation.
Morbid
October 4th, 2008, 02:10 PM
Manslaughter in the second degree is defined as the unlawful killing of a human being without malice either express or implied, and without intent to kill or to inflict the injury causing death, committed accidentally in the commission of some unlawful act not felonious, or in the improper performance of an act lawful in itself.
I am assuming that 1st degree would contain the same sentence in the beginning, but that the commision of the act that caused the death was unlawful and/or felonious.
Jaded
October 4th, 2008, 02:13 PM
This is what I dug up on Manslaughter in the first and second.....
MANSLAUGHTER IN THE FIRST DEGREE
Manslaughter is the first degree is the unlawful and intentional killing of a human being, but without malice, and whenever one person unlawfully and intentionally, but without malice kills another person, the homicide is manslaughter in the first degree. Now malice is not an ingredient or essential of the offense of manslaughter in the first degree. In manslaughter in the first degree, there must be either a positive intention to kill, or an act of violence from which ordinarily, in the course of events, death or great bodily harm may ensue. In order for a homicide to be reduced from murder to manslaughter, there must be no malice in the killing. In other words, it must not be malicious killing. If the killing is malicious even if it is done in the heat of passion, it is murder. Even if a killing is done in a sudden heat, excited by sufficient provocation if there is malice in it, it is murder, and if deliberation and premeditation are present, then it is murder in the first degree. Anger and rage do not reduce an unlawful killing from murder to manslaughter, if it has the other elements which are necessary to constitute murder, but if a killing is done in a sudden heat of passion, and the reason of the man- slayer is distributed or swayed by that passion, and this passion is excited by sufficient provocation, such as a blow or a threatened blow, and the killing is without malice, then it is manslaughter in the first degree, because such passion under such circumstances has disturbed the sway of reason.
MANSLAUGHTER IN THE SECOND DEGREE
Manslaughter in the second degree is defined as the unlawful killing of a human being without malice either express or implied, and without intent to kill or to inflict the injury causing death, committed accidentally in the commission of some unlawful act not felonious, or in the improper performance of an act lawful in itself. Manslaughter in the second degree may be committed by the doing of an unlawful act, or the doing of a lawful act in an unlawful manner, although at the time the defendant did not actually know that the act would result in homicide, and this notwithstanding, after the act was done, or while in progress the defendant used ordinary care to prevent the taking of human life; nor is the intention to take life necessary in a prosecution for this offense.
Jaded
October 4th, 2008, 02:16 PM
After posting this case, reading about this case, following the updates, etc...I truly feel that this was an accident. I believe that baby was loved....dearly. This man is going to suffer this for the rest of his life. No amount of time behind bars will torture him more than his own thoughts will.
silvahalo68
April 23rd, 2009, 11:12 PM
I was thinking about this case the other day...
After posting this case, reading about this case, following the updates, etc...I truly feel that this was an accident. I believe that baby was loved....dearly. This man is going to suffer this for the rest of his life. No amount of time behind bars will torture him more than his own thoughts will.
Jaded, I agree with you for the most... but I have some lingering doubt. I still have questions about the hole in babies head? Ceffy said, "The hole in the baby's head is most likely due to the soft spot. The soft spot would just be fleshy and would burn right through resulting in a hole."...yeah, I can buy that but still bothers me.
Rios fell asleep after consuming "six to nine beers" during a barbeque with coworkers, while holding his seventh-month old son, Diego. While he slept, Diego apparently fell into the fire pit and died before Rios awoke.
I don't see it really as a true accident, more as terrible negligence on father and a bit on mother's part, baby shouldn't have been sleeping outdoors by a fuckn' pit.
He was drunk having consumed 6-9 beers. I don't think there was intended malice but certainly neglect and because of that I accept the 2yr. sentence.
The sentence may seem light to some, but I believe the internal pain Rios will suffer from for the rest of his life will be punishment enough. Rios made a terrible mistake that cost his son his life. Anyone who can truly overcome that guilt is not someone I wish to know.
Where ever Rios life may lead him, he will always have to live with his actions. Tragic consequences indeed. My heart goes out to the family....I just can't imagine that kind of grief.
Rest with the angels little Diego Rios.
http://i510.photobucket.com/albums/s341/silvahalo68/Angels/20upvgn.jpg
Kaylara
April 24th, 2009, 05:04 AM
Ok, I'm warning you that this will be gross. But if the baby was laying in the fire for a while, it's possible that his brain boiled and the pressure was released through the soft spot. If the fire was hot enough, that wouldn't have taken a long time either.
vBulletin® v3.8.3, Copyright ©2000-2009, Jelsoft Enterprises Ltd.