Parents of Arizona toddler found alive in hospital morgue won't face charges
The mother and father of a toddler who was declared dead 'in error' before being discovered alive in a hospital morgue hours later won't be charged with child abuse, police have said.
The 18-month-old child was found by passersby in a backyard swimming pool in a Phoenix, Arizona suburb earlier this year, after which he was quickly pulled from the water. A frantic 911 call was subsequently made by two family members who reported a possible drowning, one claiming the boy was unconscious.
After two officers arrived on the scene, CPR was performed on the youngster, after which they reportedly observed several signs of life.
Despite this, he was then transported to Mercy Gilbert Medical Centre, where staff placed him in a 'cold room' that usually serves as the facility's on-site morgue, after doctors declared him deceased.
Advert
According to a police report, Dr Aryan Toosi said beforehand: "As long as there are no objections, I’d like to call time of death."
Hours later, the boy was found breathing in the same hospital room, after which he was flown to another hospital to receive further treatment.
The child's parents, Angelo and Alexus Fiordilino, were quickly scrutinised for failing to observe him wandering to the pool, with the Gilbert Police Department recommending that his mother and father face charges of negligence.
The officers that attended the scene reportedly observed a strong marijuana smell emanating from the couple's home, the door of which had been left open, giving their son access to the nearby pool.
The case was subsequently referred to the Maricopa County Attorney's Office, a spokesperson of which confirmed on Wednesday (29 Jul) that neither Angelo nor Alexus Fiordilino would be charged in connection with the non-fatal incident.
Decision-makers cited the fact that the couple had multiple childproof locks and other safety measures in place, as well as several other adults who were present in the home at the time, each convinced someone else was watching the child.
No evidence was found that the parents showed any signs of impairment, investigators added.
The Maricopa County Attorney's Office representative explained: "To file charges, the state would need to prove beyond a reasonable doubt to a unanimous jury that the parents failed to recognise 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.
"That's a much higher legal standard than probable cause, which is what police need to submit a case for possible charges.”
Mercy Gilbert Medical Centre previously shared a statement on the incident claiming staff conducted 'a thorough review of all aspects of the care provided to learn what happened and to make meaningful changes to strengthen our care'.
Hospital staff also described the case as a 'heartbreaking situation'.
A legal representative for Dr Toosi claimed he wouldn't speak on the medic's behalf, 'other than to assure you that there is much more to this case, both factually and medically, than has been reported thus far'.
Rhianna Benson