GILBERT, AZ — Charges have been turned down against the parents of a toddler in a near-drowning case that raised major questions about the response inside an East Valley hospital.
The ABC15 Investigators broke the story that an 18-month-old was pronounced dead at Mercy Gilbert back on Super Bowl Sunday. Then hours later, the young boy was found breathing in the hospital morgue.
Video in the player above shows previous coverage of the incident.
This case has raised serious questions about the response and evaluation of the toddler inside that hospital. ABC15 is also looking into the doctor now at the center of this case.
A Gilbert police report said the toddler was declared dead "in error."
Police did submit recommended charges against the child's parents, but ABC15 has learned the case was turned down.
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A statement from the Maricopa County Attorney's Office said there were multiple safety measures in place, adults in the home, and there was no evidence that the parents had shown "any obvious signs of impairment."
See MCAO's full statement:
"Maricopa County Attorney Rachel Mitchell announced today that Angelo and Alexus Fiordilino will not be charged in the nonfatal drowning of their son.
Last month, Gilbert Police submitted a recommendation of charges of Child Abuse for both parents. In this case, 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. Additionally, the investigation found no evidence that the parents exhibited any obvious signs of impairment.
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. That's a much higher legal standard than probable cause, which is what police need to submit a case for possible charges.
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.”
This is the only submittal the Maricopa County Attorney's Office has received in connection to this incident. At this time, we do not have anyone available for interviews."
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