Arizona investigators have recommended felony child abuse charges against the parents of an 18-month-old boy who nearly drowned during a Super Bowl party before being mistakenly declared dead at a hospital and later found alive in the morgue, as reported [1] by Fox News.
The Gilbert Police Department has submitted its recommendation to the Maricopa County Attorney’s Office, asking prosecutors to pursue felony child abuse charges against Vincent Fiordilino’s parents.
According to AZFamily, prosecutors are reviewing the recommendation, and no charges have been filed.
Yeah, blame the parents, but let’s not forget what the doctor did here! He needs to be sued and the money needs to go to that baby for his care!!!! Thank God!!! He survived! Miracle 🙏 https://t.co/6U84tgW21u [2]
— PattyC 🇺🇸 (@PatriciaCo12417) July 4, 2026 [3]
The case drew national attention after Vincent was declared dead following the near-drowning, only to be discovered alive and breathing several hours later after being transferred to a hospital morgue.
According to investigators, the incident occurred during a Super Bowl gathering earlier this year when Vincent disappeared from his parents’ sight.
Police allege guests at the party later found the toddler floating face down in a backyard swimming pool.
Investigators say both of Vincent’s parents admitted to smoking marijuana during the gathering.
According to a police report obtained by AZFamily, detectives allege the child entered the pool unnoticed because both parents were impaired by marijuana and/or other mind-altering substances.
Emergency responders transported Vincent to Mercy Gilbert Medical Center after he was removed from the pool.
Police said a physician pronounced the child dead that evening.
Hours later, however, the case took an unexpected turn.
According to investigators, Vincent had already been transferred to the hospital’s morgue at approximately 7:23 p.m. when medical personnel discovered he was still alive and breathing.
The toddler was immediately airlifted to Phoenix Children’s Hospital for emergency treatment.
The police report also alleges that responding officers and Vincent’s parents questioned whether the child had actually died before the physician made the official determination.
According to investigators, both officers and family members believed Vincent continued showing signs of life.
Hospital personnel reportedly told them the toddler was experiencing agonal breathing, an involuntary reflex that can occur near death.
According to the police report, a nurse later detected a pulse after Vincent had already been pronounced dead.
Detectives allege the physician who declared the child dead maintained that the determination was correct and instructed hospital staff to stop lifesaving efforts despite concerns raised by responding officers and Vincent’s parents that the toddler still appeared to be breathing.
Police did not recommend criminal charges against the physician, according to AZFamily.
Following the incident, Dignity Health, which operates Mercy Gilbert Medical Center, said it conducted an internal review.
“This is a heartbreaking situation. We immediately conducted a thorough review of all aspects of the care that was provided to learn what happened and to make meaningful changes to strengthen our care,” a Dignity Health spokesperson said in a statement.
“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.”
A GoFundMe campaign was created to assist the family, who described Vincent as a “miracle baby” after surviving the ordeal.
“Vincent was declared deceased,” the fundraiser states.
“His devastated parents were sent home in unimaginable grief. But God had other plans. A little after 11:30 p.m., the family received a call no one expected: the medical examiner had detected a faint heartbeat.”
According to the fundraiser, Vincent suffered multiple organ complications after arriving at Phoenix Children’s Hospital.
The campaign states that his kidneys, lungs, and liver began shutting down during treatment. It also says an initial MRI identified two small areas of possible brain damage, but later testing reportedly found no brain damage.
According to the fundraiser, Vincent continues receiving extensive therapy, ongoing medical monitoring, and additional treatment as part of his recovery.
Fox News Digital reported that it contacted the Maricopa County Attorney’s Office, the Gilbert Police Department, Mercy Gilbert Medical Center, and Phoenix Children’s Hospital seeking comment.
The Maricopa County Attorney’s Office has not announced whether it will file the recommended felony child abuse charges.