No Charges for Parents After Toddler Declared Dead Found Breathing in Morgue

No charges will be filed against the parents of an Arizona toddler who was declared dead after being found in a family pool but was breathing hours later at a hospital morgue.

Gilbert police had recommended negligence charges. But Maricopa County Attorney Rachel Mitchell said a conviction beyond a reasonable doubt was unlikely.

“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.”

First responders were dispatched to the home on Feb. 8 in response to a reported drowning. They performed life-saving measures on the 18-month-old child before taking him to a hospital where the boy was pronounced dead about an hour later.

But about five hours later, police were notified that the child was breathing, and he was flown to another hospital. The boy survived.

Earlier this month, Mercy Gilbert Medical Center, where the child was initially taken, called it “a heartbreaking situation” but declined to release further details.

The hospital said it conducted a "thorough review of all aspects of the care provided to learn what happened and to make meaningful changes to strengthen our care.”

Gilbert police officers who were at the hospital said they saw possible signs of life multiple times, but the child was still taken to a “cold room,” which serves as a morgue, according to documents obtained by The Associated Press.

The records also indicated tension between officers and a doctor who reportedly told one, “Please do your thing and let me do my thing. I went to medical school for a reason.”