The parents of a toddler who was discovered alive in a hospital morgue after an apparent drowning in an Arizona swimming pool will not face criminal charges, officials have confirmed.
Vincent Lorenzo Fiordilino was found floating face down in a pool in Gilbert at around 5:30pm on February 8, as relatives were inside watching Super Bowl LX, according to a police report previously reviewed by the Daily Mail.
The 18-month-old boy was pulled from the water by his parents, Alexus and Angelo Fiordilino, and taken to Dignity Health Mercy Gilbert Medical Center.
About an hour later, Dr. Aryan Toosi pronounced him dead. But police said that at around 11pm, a medical professional found the child alive inside the hospital morgue.
Gilbert police had recommended negligence charges against Alexus and Angelo, but Maricopa County Attorney Rachel Mitchell concluded prosecutors would be unlikely to secure a conviction beyond a reasonable doubt, the Associated Press reported.
‘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,’ Mitchell said Wednesday.
‘Additionally, the investigation found no evidence that the parents exhibited any obvious signs of impairment.’
The decision comes weeks after the Daily Mail reported troubling details from the case, including claims that police officers repeatedly alerted the doctor that the toddler appeared to still be breathing.
Vincent Lorenzo Fiordilino was found floating face down in his family’s backyard pool on February 8 while his family watched Super Bowl LX inside, police said
Vincent’s parents had realized their baby son was missing after the couple went into the garage ‘to talk’ before heading to the backyard couch to watch television, investigators detailed.
Alexus, 29, soon realized they had not seen their son for a while before they searched and found him in the water.
His mom pulled him out and started to perform CPR while someone else called 911, the report stated.
After first responders arrived, they transported him to the hospital. Dr Toosi soon declared the toddler dead, despite police repeatedly warning him that he was breathing.
An officer recalled hearing a nurse say ‘I have a pulse’ before other hospital staffers helped her ‘in attempting to revive Vincent’, the report stated.
That cop then walked into the room where Dr. Toosi was talking with the boy’s parents, and informed him of what he overheard, investigators said.
The officer claims the physician then responded sharply.
‘Toosi arrogantly told me he was the doctor, he has a medical degree, he went to medical school for a reason, and to let him do his thing,’ he stated in the report.
The news comes just weeks after the Daily Mail revealed disturbing details from the incident, including that his parents allegedly smoked weed in the garage of their $750,000 home when he wandered into the pool
Alexus and Angelo were then told to say their final goodbyes to their child, but within hours, they were told he was actually alive, officials documented.
Vincent was then airlifted to Phoenix Children’s Hospital for treatment.
An MRI confirmed that he suffered extensive brain damage and will need lifelong care.
A hospital spokesperson previously told the Daily Mail: ‘This is a heartbreaking situation. We immediately conducted a thorough review of all aspects of the care provided to learn what happened and to make meaningful changes to strengthen our care.
‘Out of respect for the patient’s privacy, we cannot discuss details. We continue to work with the family and their representative. Patient safety and exceptional care is our highest priority.
An MRI confirmed that he suffered extensive brain damage and will need lifelong care
The family plans to take legal action against Dignity Health Mercy Gilbert Medical Center, their attorney said earlier this month, AZ Family reported.
Dr Toosi has held an osteopathic physician license since 2023, according to state board records.
He previously completed his emergency medicine residency at Michigan’s Sparrow Hospital in 2022.
The Daily Mail contacted Toosi’s attorney for comment.
