Parents of toddler pronounced dead 'in error' will not face charges

The Maricopa County Attorney’s Office will not file charges against Angelo and Alexus Fiordilino, the parents of a toddler involved in a near drowning at their Gilbert home.

The 18-month-old boy was taken to Mercy Gilbert Medical Center on Super Bowl Sunday and was mistakenly pronounced dead. Hours later, hospital staff found him breathing in the morgue. A Gilbert police report described the death declaration as an error.

Gilbert police had recommended child abuse charges against both parents. County attorneys said the home had several child safety measures, multiple adults were present, and investigators found no obvious signs that the parents were impaired.

After reviewing the evidence, senior attorneys determined the case did not meet the office’s standard for a reasonable likelihood of conviction. Prosecutors said proving the charges would require showing beyond a reasonable doubt that the parents failed to recognize a serious risk and acted far outside what a reasonable person would have done.