Maricopa County Declines to File Charges Against Parents of Toddler Found Breathing After Being Declared Dead
The parents of an 18-month-old Arizona boy who was discovered breathing hours after medical personnel declared him dead from a near-drowning will not face criminal charges, the Maricopa County Attorney’s Office announced on Wednesday. The child was originally found unresponsive on Feb. 8 in a backyard swimming pool at the family’s home in Gilbert, a suburb southeast of Phoenix. Emergency responders arrived at 5:35 p.m. to perform CPR before transporting him to Dignity Health Mercy Gilbert Medical Center, where medical staff pronounced him dead at 6:20 p.m. Nearly five hours later, just before 11:30 p.m., a Maricopa County medical examiner’s employee sent to retrieve the body noticed the boy was breathing and notified hospital officials, prompting a transfer to Phoenix Children’s Hospital.
Prosecutors Cite Safety Measures and Lack of Conviction Standard
In Wednesday’s statement, prosecutors explained that the decision to forgo charges stemmed from a comprehensive review by senior attorneys determining the case failed to meet the standard of a “reasonable likelihood of conviction.” Officials noted that the family had implemented multiple childproof locks and safety measures, and that multiple adults were inside the home at the time, each believing another was supervising the toddler. Despite police recommendations to file child abuse charges following reports that doors to the backyard were unsecured and an odor of burnt marijuana was detected in the garage, prosecutors confirmed their investigation found no evidence that the parents exhibited any obvious signs of impairment.
Gilbert Police Department Investigation and Evidence Gathering
The miraculous discovery of the living toddler inside the medical storage area triggered a multi-faceted inquiry by the Gilbert Police Department into both the initial drowning circumstances and the subsequent emergency medical response. Public records requests revealed that the parents admitted to investigators that they had smoked marijuana earlier that morning. Detectives documented that doors leading to the outdoor pool area had been left unsecured, establishing a situation that permitted young children access to the water. However, the Maricopa County Attorney’s Office ultimately weighed these findings against the presence of safety locks, multiple supervising adults, and the lack of observed parental impairment.
Hospital Review and Ongoing Communication With the Family
In response to the incident, Dignity Health Mercy Gilbert Medical Center issued a statement describing the situation as heartbreaking and confirmed that it completed a meticulous review of the administered care to understand the sequence of events and implement meaningful improvements. Citing patient privacy regulations, the hospital declined to identify specific staff members involved or provide further elaboration on the case details. Nevertheless, medical center representatives affirmed that they continue to maintain active communication and work directly with the family and their legal representative regarding the unprecedented event.
