Baby declared dead after drowning in a pool appears breathing in the hospital morgue in Arizona

An 18-month-old baby was pronounced dead after being rescued from a pool in Gilbert, Arizona, and hours later appeared breathing in the "cold room" that serves as the hospital's morgue, according to a 157-page police report released this week. The case hit the internet when Jay Fonseca summarized it on ABC News: police and nurses reported signs of life, but doctor Aryan Toosi insisted on declaring death. The boy survived; his family talks about a miracle; The prosecutor's office is considering charges against the parents.

«Please do your thing and let me do my thing. I went to medical school for a reason."

The chronology of February 8

It all happened during a gathering for the Super Bowl at a house in Gilbert, a suburb of Phoenix. Around 5:30–5:38 p.m., according to NBC News and BBC, relatives found the child face down in the in-ground pool in the yard. A relative began CPR before emergency services arrived.

Paramedics continued resuscitation maneuvers and transported him to Mercy Gilbert Medical Center (Dignity Health). At 6:20 p.m., Dr. Aryan Toosi, DO, declared the time of death, according to the police report collected by ABC News. Minutes earlier, an officer heard a nurse say "I have a pulse"; When informed, Toosi responded that he was the doctor and that he had gone to medical school "for a reason."

The heartbroken parents said they believed the child was still breathing. Two Gilbert police officers reported seeing the baby panting or letting out "audible sighs"; Hospital staff attributed it to agonal breathing — air and gases leaving the body after an arrest, not a sign of real life. Toosi asked to stop resuscitative measures, checked for a pulse once again, and, without objection, pronounced death. He later apologized to an officer for his tone, according to the report.

The body was transferred to the cold room, a refrigerated room between 36 and 39 °F (2–4 °C) that serves as a temporary morgue. The door was closed around 7:23 p.m. At 11:52 p.m., when a transporter from the Maricopa County Medical Examiner's Office arrived to pick up the body, the child was breathing. He was airlifted to Phoenix Children's Hospital, where he recovered and was discharged, although with significant consequences.

How can someone declared dead "come back"?

ABC News consulted specialists: declaring death requires a documented cardiopulmonary examination — absence of vital signs, spontaneous breathing, heartbeat and pulse. Even so, the medical literature records extremely rare cases of spontaneous return of circulation after stopping CPR; A review cited by ABC identified 65 cases in almost four decades. In pediatrics it is even more unusual. A forensic pathologist consulted by the media stressed that it points to inexperience or failure of protocol, not to a medical "miracle" in the strict sense: "people, once dead, do not come back to life" — except for diagnostic errors or physiological phenomena misinterpreted as agonal breathing.

The child today and the legal battle

The minor's name is redacted in the police report, but NBC News identified him as Vincent Lorenzo Fiordilino, 18 months in February and 22 months in July. His family created a crowdfunding campaign; According to NBC, he is breathing with ventilation assistance, avoided serious brain damage but will require prolonged therapy and monitoring. Civil lawyer John Brewer told ABC this Wednesday that he will need "lifelong care" due to the lack of timely treatment after the drowning.

Dr. Toosi's attorney, Scott Holden, declined to comment "out of respect for the patient's privacy." Mercy Gilbert called the episode a "heartbreaking situation" and claimed to have done a complete internal review to "strengthen care," without giving details about the staff involved.

Possible charges against parents

Most of the police report — released months after the incident — focuses on the circumstances of the drowning. Gilbert Police recommend charges of child abuse by neglect against the parents: they allege a strong smell of marijuana in the home, garage doors improperly closed after smoking and lack of supervision during the party. Both admitted to using cannabis that morning, according to NBC. Several adults present said they each believed another was watching the child.

The Maricopa County Prosecutor's Office continues to review the case; As of Tuesday, July 8, there was no charging decision, according to ABC News. The family's lawyers did not comment on the criminal procedure.

In summary

What happened? Drowning in swimming pool → death declared → child alive in morgue ~5–6 hours later. When? Feb 8, 2026, Super Bowl. Where? Gilbert, Arizona; Mercy Gilbert → Phoenix Children's. Why the controversy? Signs of life ignored; Phrase from Dr. Toosi to the policeman. Status of the child? Alive, discharged, therapy and long-term care. Charges? Prosecutor's Office reviews parental negligence; medical case under internal hospital investigation.

Update (July 8, 2026): News based on the thread of Jay Fonseca in X and the recently published police report, contrasted with ABC News, AP, BBC and NBC News.