PHOENIX — Negligence charges will not be brought against the parents of an Arizona toddler who was mistakenly pronounced dead at a hospital after wandering into a backyard pool earlier this year, prosecutors
announced.
The Gilbert Police Department recommended criminal charges against Alexus and Angelo Fiordilino after their son, Vincent Lorenzo Fiordilino, was found in the family's swimming pool on Feb. 8 and later declared dead. The child, who was 18 months old at the time, was discovered alive in a hospital morgue hours later.
Police reports obtained by The Arizona Republic, part of the USA TODAY Network, said the couple had acknowledged smoking cannabis earlier that day and were suspected by investigators of being negligent and inattentive.
On July 29, the Maricopa County Attorney's Office said prosecutors reviewed the case and determined it did not meet the standard required to pursue criminal charges. Prosecutors cited the need for proof beyond a reasonable doubt of "a substantial and unjustifiable risk" and a "serious lapse of judgment" for a jury conviction.
The family had multiple childproof locks and other "safety measures," multiple adults who thought someone was watching over the child and there was no evidence of "obvious" impairment for the parents, according to the county attorney's office.
"After a review of the facts of the case and all available evidence by senior attorneys, it was determined that this case did not meet our charging standard of 'reasonable likelihood of conviction,'" the county attorney's office said in a statement.
Arizona police alleged parents were negligent, inattentive
The county attorney's office's decision comes after police reports showed authorities pursued charges against the parents on suspicion of negligence and inattentiveness in the incident.
Police and fire personnel responded to a home in Gilbert, a suburb of Phoenix, at around 5:35 p.m. local time on Feb. 8 after receiving reports of drowning and that a child had been found in a backyard pool, authorities said.
Authorities believe the toddler had wandered off during a Super Bowl party at the home and entered the backyard through an open garage door. The family noticed he was missing and began searching for him before finding him in the pool, which was only partially fenced.
First responders performed life-saving measures at the scene before the child was transported to a hospital, where medical staff continued resuscitation efforts, according to police. The child was pronounced dead at 6:20 p.m. But hours later, police were notified that the toddler had shown signs of life and was transferred to another hospital for additional treatment.
According to police reports, the parents admitted smoking cannabis earlier in the day. A "strong odor" was detected coming from the family's garage, but the parents told police they did not think they were impaired, the reports said.
Police alleged the couple exhibited criminal negligence by failing to supervise or having someone else supervise their son, which allowed him to enter the garage, go into the backyard and fall into the pool.
Both parents were arrested May 16 on suspicion of child abuse, but neither parent was booked into a cell or fingerprinted, according to police reports. The county attorney's office said no other charges related to the incident were submitted for review.
Toddler declared dead, then found alive hours later
The case drew national attention after it was revealed the toddler had been erroneously declared dead at the hospital following the near-drowning.
According to police reports, Dr. Aryan Toosi, an emergency medicine physician, had ordered medical staff to stop CPR and pronounce the child dead. An officer assigned to the hospital wrote in a report that a nurse was heard saying, "I have a pulse," during resuscitation efforts.
"Toosi arrogantly told me he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing," according to a police officer who questioned the doctor, according to the police report.
"Audible gasps" were noted by officers after the boy had been declared dead, but their comments were brushed aside, the reports said. The child was left alone in a cold room for more than four hours while awaiting transport to the medical examiner.
An officer documented an "audible gasp" at about 7:18 p.m. that was captured on a body-worn camera, according to the reports. Medical staff told officers that the gasping noises were a result of the resuscitation efforts and oxygen pumped into the toddler's body, the reports said.
Shortly before midnight, a hospital social worker notified the family that boy had been found breathing when a medical examiner's office transporter arrived to collect his body, according to the reports.
The toddler was subsequently treated by hospital staff and later airlifted to the Phoenix Children's Hospital for further care.
Fiordilino family considering legal action against hospital
The Fiordilino family has retained attorney John Brewer and is weighing legal action against the hospital and physician involved in the case, The Arizona Republic previously reported.
"Vincent is going to need lifelong care," Brewer said in a brief interview with the newspaper on July 9. "We will be filing legal claims against the hospital and the doctor."
According to a GoFundMe established for the family, the toddler "will need extensive therapy, ongoing medical monitoring, and support for his healing organs."
The fundraiser was organized by Yaleen Perez, the child's grandmother, who called the boy their “miracle fighter.” She wrote that on Feb. 12 an MRI scan showed "no brain damage,” but despite that, he would have a “long and challenging recovery."
Contributing: Stephanie Innes and Maritza Dominguez, The Arizona Republic
This article originally appeared on USA TODAY: Parents cleared of negligence after toddler declared dead, later found alive
