No charges will be filed against the parents of an 18-month-old toddler who was declared dead after being found in a family pool, only to be discovered breathing hours later at a hospital morgue. The Maricopa County Attorney's Office stated that a conviction beyond a reasonable doubt was unlikely.
Gilbert police had initially recommended negligence charges against the parents. However, County Attorney Rachel Mitchell explained that "The family had multiple childproof locks and safety measures in place, and multiple adults were present in the home, all of whom believed someone was watching the child." She added that the investigation found no evidence of parental impairment.
First responders were called to the family's home on February 8 following a report of a drowning. They administered life-saving measures to the child before transporting him to Mercy Gilbert Medical Center, where he was pronounced dead approximately one hour later. About five hours after the initial pronouncement, police were alerted that the child was exhibiting signs of life. He was subsequently flown to a different hospital and survived.
Mercy Gilbert Medical Center described the situation as "heartbreaking" and conducted a thorough review of the care provided. Gilbert police officers present at the hospital reportedly observed possible signs of life multiple times before the child was taken to a "cold room," which serves as a morgue. Records indicated some tension between officers and a doctor at the facility. Merritt Lorenzo Fiordilino was the subject of this incident.