No charges for Gilbert parents in shocking case of toddler found breathing in hospital morgue

GILBERT, Ariz. - The parents of a Gilbert toddler miraculously found breathing in a hospital morgue nearly five hours after being pronounced dead will not face criminal charges, Maricopa County prosecutors announced Wednesday.

What we know:

The decision by the Maricopa County Attorney’s Office officially clears Angelo and Alexus Fiordilino of felony child abuse allegations following the harrowing near-drowning of their 18-month-old son, Vincent. But as the criminal case ends, a civil fight is just beginning: the family is now preparing a lawsuit against the hospital and the emergency room doctor who allegedly dismissed early warnings that the boy was still alive.

The backstory:

The nightmare began on Feb. 8 when first responders rushed Vincent to Dignity Health Mercy Gilbert Medical Center after he was found unresponsive in the family's backyard pool. Following CPR and prolonged resuscitation efforts, an ER physician identified in police records as Dr. Toosi declared the boy dead at 6:20 p.m.

Minutes after that declaration, both the child’s mother and a nurse spotted Vincent’s chest and stomach rising and falling, according to police reports. When they alerted Dr. Toosi that the boy might still be breathing, the doctor allegedly brushed them off "arrogantly," insisting "he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing."

Vincent was taken to the morgue. It wasn't until nearly 11:30 p.m. — when a Maricopa County Medical Examiner’s Office worker arrived to transport the body — that staff realized the boy was alive, actively breathing and carrying a pulse.

The toddler was rushed to Phoenix Children’s Hospital in critical condition. Though several of his organs began shutting down during emergency treatment, Vincent miraculously survived without permanent brain damage, even as he continues to undergo extensive therapy.

What they're saying:

Gilbert Police Department initially recommended child abuse charges against the parents after finding unsecured doors leading to the pool and smelling burnt marijuana in the garage from earlier that morning. However, County Attorney Rachel Mitchell said senior prosecutors determined there was no reasonable likelihood of conviction.

"To file charges, the state would need to prove beyond a reasonable doubt to a unanimous jury that the parents failed to recognize a substantial and unjustifiable risk, and that this failure was such a serious lapse in judgment that it was a gross deviation from what a reasonable person would have done under the same circumstances," Mitchell said. "That's a much higher legal standard than probable cause, which is what police need to submit a case for possible charges."

Dig deeper:

Prosecutors noted the family had multiple childproof locks installed, several adults were home under the impression someone else was watching the boy, and there was no evidence either parent was impaired at the time of the incident.

While the parents are cleared of wrongdoing, their legal team is turning its sights on the medical staff. Mercy Gilbert Medical Center declined to comment on Dr. Toosi or specific personnel, citing patient privacy.

"This is a heartbreaking situation," a spokesperson said. "We immediately conducted a thorough review of all aspects of the care that was provided to learn what happened and to make meaningful changes to strengthen our care."

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