Alberto Rios on Wednesday entered a not guilty plea of second degree manslaughter in the death of his 7-month-old son, who was found deceased in a backyard fire pit June 22.

Rios was prepared to enter a guilty plea, but on the advice of his lawyers did not do so, reports said. He reportedly fell asleep on a bench by a fire pit with his son on his chest late June 21 after consuming three to six beers. Rios awoke to find the infant missing. The baby was then discovered by Rios in the fire pit. The baby suffered severe burns to his entire body.

The infant was alive upon entering the fire, according to a report by the King County Medical Examiner’s Office. He ingested soot from the fire into his esophagus, according to the report.

Rios is being held on $1 million bail. He has been deported from the United States on three occasions and has four prior drug convictions, which include dealing cocaine.

He is expected to appear in court for a case setting hearing July 22.