In one of the most extraordinary cases to emerge from Arizona in recent years, prosecutors announced they will not file charges against the parents of an 18-month-old boy who was declared dead at a hospital but found alive hours later in a morgue. The decision by the Maricopa County Attorney’s Office officially closes a criminal investigation into the harrowing incident, though it marks only the beginning of what the family says will be a civil legal battle.
The nightmare began on Super Bowl Sunday, February 8, when the toddler, Vincent Lorenzo Fiordilino, was found face down in a backyard swimming pool at a home in Gilbert, Arizona. A family member pulled him from the water and began administering CPR. The boy had been in the pool for approximately 10 to 15 minutes before being discovered.
First responders rushed Vincent to Dignity Health Mercy Gilbert Medical Center, where emergency room physicians including Dr. Aryan Toosi worked frantically to save his life. At 6:20 p.m., after extensive resuscitation efforts, Dr. Toosi declared the child dead. The pronouncement devastated the family, who were given the opportunity to say goodbye to their son.
But the extraordinary turn came nearly five and a half hours later. As medical personnel were preparing to move the body from the hospital to transport it elsewhere, staff discovered Vincent was alive and breathing. He was immediately airlifted to Phoenix Children’s Hospital in critical condition.
Police records reveal that multiple people in the emergency room had questioned whether the boy was truly dead before the pronouncement was made. Vincent’s mother, along with a nurse and responding Gilbert police officers, reported observing what appeared to be signs of life, including gasping and visible chest movement. When a police officer expressed concern to Dr. Toosi, the physician reportedly dismissed the observation, telling the officer, “Please do your thing and let me do my thing. I went to medical school for a reason.”
Hospital staff had explained the apparent breathing as “agonal breathing,” an involuntary reflex that can occur near death. But the parents and officers remained unconvinced, according to the police reports.
Gilbert Police Department initially recommended felony child abuse charges against Vincent’s parents, Angelo and Alexus Fiordilino. The recommendation was based on investigation findings that both parents had smoked marijuana during the Super Bowl party and that doors leading to the pool were unsecured. Officers reported detecting a strong odor of marijuana in the home’s garage.
However, prosecutors determined the evidence did not meet the high threshold required to file charges. According to the Maricopa County Attorney’s Office, the family had multiple childproof locks and other safety measures in place at the home. Multiple adults were present during the gathering, and all believed someone else was watching the child. Additionally, the investigation found no evidence that the parents exhibited obvious signs of impairment at the time of the drowning.
“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,” the Maricopa County Attorney’s Office said in a statement announcing the decision Wednesday.
Vincent miraculously survived without permanent brain damage, though he continues to undergo extensive therapy and rehabilitation. Several of his organs began shutting down during his emergency treatment at Phoenix Children’s Hospital, making his recovery all the more remarkable.
While the criminal case against the parents has ended, the family is now preparing a civil lawsuit against Dignity Health and Dr. Toosi. According to the family’s attorney, Vincent will likely require millions of dollars in medical care over the course of his life due to the effects of his ordeal.
The incident has drawn national attention to questions about emergency medicine protocols, decision-making procedures, and communication among hospital staff. The hospital issued a statement saying it “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.”
Dr. Toosi has not been charged with any crime. His attorney declined to comment in detail but indicated there is “much more to this case, both factually and medically, than has been reported thus far.” Public records show no disciplinary actions against his medical license.
The case has captured the public imagination as both a tragedy and a miracle. What began as a drowning accident at a family gathering became a hospital error with potentially fatal consequences, ultimately resulting in a child whose survival defied medical expectations and raised difficult questions about oversight and accountability in emergency care settings.