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Published 08:46 31 Jul 2026 GMT
Parents of toddler found alive in morgue cleared as warning from cops to doctor emerges
The parents of an Arizona toddler who was found alive inside a hospital morgue after being declared dead will not face criminal charges, according to a new statement.
Vincent Lorenzo Fiordilino, who was 18 months old at the time, was pulled from his family's backyard pool in Gilbert on February 8 after he was found floating face down while relatives watched Super Bowl LX inside the home.
His parents, Alexus and Angelo Fiordilino, rushed him to Dignity Health Mercy Gilbert Medical Center, where Dr. Aryan Toosi pronounced him dead. Hours later, a medical professional discovered Vincent was still alive inside the hospital morgue. The child was then airlifted to Phoenix Children's Hospital, where an MRI confirmed he had suffered extensive brain damage and will need lifelong care.
Prosecutors decline to bring charges
The Gilbert Police Department recommended negligence charges against Vincent's parents. However, Maricopa County Attorney Rachel Mitchell decided prosecutors were unlikely to secure a conviction beyond a reasonable doubt.
"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.
"Additionally, the investigation found no evidence that the parents exhibited any obvious signs of impairment."
According to the police investigation, Vincent's parents realized their son was missing after they had gone into the garage to talk before returning to the backyard to watch television. After searching for him, they found him in the pool. His mother pulled him from the water and began CPR while someone else called 911.
Police report raises questions about hospital response
The decision not to charge the parents comes after details from a police report revealed officers repeatedly warned Dr. Toosi they believed Vincent was still breathing after he had been declared dead.
One officer reported hearing a nurse say, "I have a pulse" before hospital staff attempted to revive the toddler.
The officer then entered the room where Dr. Toosi was speaking with Vincent's parents and relayed what he had heard.
According to the report (via ABC15), "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," the officer stated.
Vincent's parents had already been told to say their final goodbyes before they were informed that their son was alive.
Family plans legal action
A spokesperson for Dignity Health Mercy Gilbert Medical Center previously told the Daily Mail the hospital conducted an internal review following the incident.
"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."
The family plans to pursue legal action against the hospital, according to their attorney.
Dr. Toosi has held an osteopathic physician license since 2023 and completed his emergency medicine residency at Michigan's Sparrow Hospital in 2022. His attorney, Scott Holden, previously declined to comment on the case and later said: "We continue to have no comment."














