No charges against parents of Gilbert child found alive in morgue after being pronounced dead

The parents of a Gilbert boy who was declared dead — only to be later found alive in a morgue — will not face child abuse charges in connection with the toddler’s near-drowning, authorities announced Wednesday.

The Maricopa County Attorney’s Office said there was no evidence that Angelo and Alexus Fiordilino showed obvious signs of impairment. Prosecutors also said the parents had multiple childproof locks and other safety measures in place around the pool.

The announcement came after the Gilbert Police Department recommended negligence charges against the parents in connection with the near-drowning of their 18-month-old son, Vincent.

Gilbert toddler was found alive in morgue after being declared dead

The case began Feb. 8, 2026, when Vincent fell into the family pool while relatives were gathered at the home to watch the Super Bowl, according to a GoFundMe the family created to raise money for his medical expenses. He was underwater for about five minutes before family members began first aid while waiting for first responders.

Multiple adults were present, but each believed someone else was watching the boy, according to the attorney’s office.

Vincent was rushed to a hospital, where he was pronounced dead despite two Gilbert police officers saying they saw signs of life, according to police reports obtained by ABC15. A few hours after the family was told he had died, they learned Vincent had been found breathing in a morgue. He was then flown to another hospital.

Toddler who survived drowning in family pool has long road to recovery

Vincent survived and has since been released from the hospital. However, his family has said he will need long-term medical treatment, along with the costs of emergency care, air transport, ICU treatment and other expenses.

The Maricopa County Attorney’s Office provided more details about why it is not filing charges in its statement:

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. That’s a much higher legal standard than probable cause, which is what police need to submit a case for possible charges.

After a review of the facts of the case and all available evidence by senior attorneys, it was determined that this case did not meet our charging standard of “reasonable likelihood of conviction.

The decision by the attorney’s office means that the Fiordilinos no longer have a criminal investigation hanging over their heads and they can now focus on their son’s recovery.

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