A man accused of killing his family will plead guilty to the abduction and murder of a ten-year-old girl, his attorney said. Simon Rios, 35, will plead guilty in Delaware County in the death of Alejandra Gutierrez to avoid the death penalty, attorney Michelle Kraus said Monday. Prosecutors will agree to sentence Rios to life in prison, she said. Rios' trial was scheduled to begin April 23. He is charged in the murder and rape of Gutierrez, who lived in Rios' neighborhood and went missing Dec. 8, 2005. Her body was found in a wooded area near Muncie.

Rios also is accused of killing his 28-year-old wife, Ana Casas, and the couple's three daughters on Dec. 13, 2005, after he and Casas argued over his household duties. His trial is scheduled for October, and prosecutors in that case are seeking the death penalty.