July 30, 2026
No Criminal Charges For Parents After Toddler Found Alive In Hospital Morgue
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RSS Feed An Arizona District Attorney has announced that parents Angelo and Alexus Fiordilino will not be charged in the near fatal drowning of their 18 month old son. The toddler was pronounced dead after he was rushed to the hospital when his parents found him in the family’s swimming pool, unresponsive. Five hours later a worker for the medical examiner discovered the child was still alive, but police recommended the parents be charged with child abuse. Prosecutors explained why they chose not charge the parents after a full investigation.
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00:00:02
Speaker 1: Hey, that folks.
00:00:02
Speaker 2: It is Thursday, July thirtieth.
00:00:04
Speaker 1: And an eighteen month old boy declared dead after drowning in a pool was very much found alive in the morgue five hours later. And now we've learned nobody is going to face charges for what's happened. And with that, welcome to this episode of Amy and TJ. The parents and so far not the doctors either. This was a bizarre story, but we're just getting word robes that know in fact the parents will not be facing charges.
00:00:34
Speaker 3: And yes, that is an interesting headline because when we first covered this story, police recommended to the prosecutors that both Angelo and Alexis Fiordlino should be charged with child abuse. They believed that it was extreme gross negligence that led to the toddler ending up in the swimming pool. And by the way, this happened on Super Bowl week end, so this was a party that was happening at the parents' house. There were many adults in the house. And look, we talked earlier about how you could see how it would be confusing everyone thinks someone else is looking at the child.
00:01:13
Speaker 2: But there were accusations.
00:01:15
Speaker 3: That there were substances being imbibed and taken, and therefore the parents should be held criminally responsible.
00:01:22
Speaker 1: We see, and this was a debate at the time that the story came out. Maybe it'll be a debate now. But Robes, you do have a kid now who is going to be facing some challenges quite possibly the rest of his life. Even though he did survive, he is alive, he does need care. There was severe damage done to him. He is, by the view of the state, by the prosecutor, the victim here. So we need justice for the victim. And I think Robes don't. A lot of people, a lot of parents can step back and look at this and say something should happen to them. There was some type of neglect that This is another one of those stories we talked about with hot car deaths as well. You know, these parents did not as much as they're hurting right now. Do you pile on kind of a thing these stories. I didn't know which way this one was going to go. What rose with the I don't know what we do with these. Sometimes something happened, somebody should have been watching. But also good people make mistakes and accidents out.
00:02:17
Speaker 3: Exactly And look, I was on the fence with this one a lot of times, as you mentioned hot car deaths, you recognize that the punishment for the parents who made the mistake oftentimes is either the death of their child or the lifetime impairment of the child, which is what is the case in this situation. So a lot of folks would say, that's punishment enough. You now have a child that is going to be disabled for the rest of their lives that you will now be responsible for taking care of, and just the guilt of that every day, day in and day out, knowing that, yes, I'm sure these parents are so grateful that their toddler is alive. I mean, what the shock of thinking your child's dead, saying goodbye to your child, to then find out five hours later that a hospital worker, someone who was actually taking his body to the medical examiner's office from the hospital morgue, that is, the person who recognized or realized that the child was still alive. That is trauma you will live with for the rest of your life.
00:03:22
Speaker 1: And as we say here, the parents robes aren't facing charges. There are still maybe investigations and reviews going on, but at this point it doesn't look like anybody the medical staff, the doctor that was involved at this point going to be facing charges. Robes. That part is relevant as well, because someone is trying to hold the hospital and the medical staff accountable through civil means that we'll mention here in a second. But with Robes, we only got word about this incident was a month or so ago because the police report was just made available. Even though yes, this was Super Bowl Sunday, was it not yet? There was a party you can imagine, there's drinking, there's a high, there's a pool in the back, there's families as kids around, and yes, there was marijuana, so roves.
00:04:07
Speaker 2: At the time when.
00:04:08
Speaker 1: We first heard about this, there was a lot of emphasis put on the marijuana, right, the suggestion they too hot to take care of their own kids kind of a thing, And it looks like that's not what the prosecutor believes.
00:04:19
Speaker 3: Yes, it was pretty interesting to hear from the prosecutor who talked about what the burdener proof would be and what they would have to show these parents were so basically out of sorts that they were incapable of reasonably taking care of their children. And I do think oftentimes we tell these stories and we say, oh, my goodness, the police say the parents were high, they were smoking pot, and turns out I thought it was really interesting that the prosecutor made a point to say that after they reviewed the case, and they truly thoroughly investigated the case, they didn't believe that the parents were were that out of control or were not within They were able to function, They were able to parent, They were able to actually make sure they knew where their kids were.
00:05:10
Speaker 1: They weren't too impaired to parent correct. Simply put, ropes, I don't know how high out of your mind you got to be on marijuana to where you can't take care of your kid. Maybe you go to sleep, maybe you get forgetful, whatever it may be. But that was such a part of it. But I thought it was interesting that they made a point to make that point that these folks were not that wasn't the case. So if that's not the case, ropes are we talking about? Did you ever see how many people were in the house?
00:05:33
Speaker 3: They just said multiple adults, So they were having a Super Bowl party.
00:05:37
Speaker 1: Yeah, I don't know. This one's tricky baby neglect versus an accident. Obviously this shouldn't have happened, and obviously we know how how soon do they tell you that when you have your first kid ropes, If there is a pool in a house and you have a child, there are things you must do. You do not turn your back on that child for a moment. We know this.
00:06:02
Speaker 2: So that's why I look at is their neglect.
00:06:06
Speaker 1: And the prosecutors are you going to convince twelve people in the jury who are parents the accident can't happen.
00:06:13
Speaker 2: But I think about that. Roll open some of the hot car deaf story.
00:06:15
Speaker 1: We talk about that. Some everybody wants to Nope, they must be bad people because that would never happen to me, because I'm a good parent. Would a jury look at them and say these are terrible people?
00:06:25
Speaker 2: I don't know?
00:06:27
Speaker 1: Look.
00:06:27
Speaker 3: I think that that is people warned that that is a problem because no one thinks it can happen to them. People hear these stories something that happens. I would never ever look away long enough or not know where my child was long enough to allow them to get and make their way into a pool for me not to recognize that they were missing until it was too late.
00:06:47
Speaker 2: Impossible, couldn't happen to me.
00:06:49
Speaker 3: I do think a lot of folks think that, and so it's easy to blame someone else and make them the bad guy and then tell yourself you would never be in that same place position. But we see it happen all the time. These types of stories happen, especially when you have a gathering, especially when you have a party, especially when parents are distracted, they're entertaining, they're making sure their guests are okay. They had two other older children in the house, so they had a total of three kids. And yes, the toddler eighteen months old, probably just started walking a little while ago, and they probably never thought in a million years that he would head straight for the pool. This was February. Yes it's Arizona, but the pool was cold, it wasn't open for the season. But that cold water probably is what ended up saving his life.
00:07:35
Speaker 1: Well, Robes, they talked about him being in that water for five minutes. Five minutes is a long time to not know where an eighteen month old is when there's a pool nearby, that's a long time. Even you talk about the other kids. No one around, no one peaked in the backyard, no one saw it. You just don't know. But this was a terrible, terrible Robes accident. But the incident itself is confusing robes how this went down, And so we'll go back to the incident itself. On February eighth of this year, during the Super Bowl nine to one one call gets placed. What time is it?
00:08:09
Speaker 2: Five? Five thirty pm?
00:08:11
Speaker 1: Okay, And this sets off a chain of events that are pretty remarkable over the next six or seven.
00:08:17
Speaker 2: Hours, that's right.
00:08:18
Speaker 3: So he's rushed to the hospital at six twenty pm, So less than an hour later, the doctor, doctor Arian Tussey, pronounces little Vincent dead at six twenty six the boy's mom and this was all captured by the way on a police body camp, so this is irrefutable in terms of the time stamp and what was said. You have Little Vincent's mom saying he's breathing? Is that normal? And then the nurse follows up and says, I have a pulse. And then in the police report, the police officer noted that Vincent was still possibly breathing based on the appearance of his stomach and chest area rising and falling. But then it gets strange.
00:09:03
Speaker 1: I'm confused here. You have a lay person and this medicals person both saying the same thing, someone's breathing, and I have a pulse that person is alive. Right, I don't know where what happened?
00:09:22
Speaker 2: Baby? Why in God's name was that.
00:09:25
Speaker 3: Not completely followed through on what by the doctor by doctor Tuscy. But in the police report it says doctor Tuscy quote arrogantly told the officer that quote he was the doctor. He has the medical degree. He went to medical school for a reason, and to let him do his thing. And so yes, he pronounced the boy dead. And I believe what they chalked it up to agonal breathing the body.
00:09:55
Speaker 1: Yes, the body after someone dies, Yes, it can admit, just gases, an extra air that's in there can come out.
00:10:02
Speaker 2: Fine.
00:10:03
Speaker 1: I don't understand if you have one, two three, you had several people around, even the police officers. We're saying I'm hearing something. I'm hearing breathing the doctor. What how about this robes? Here's my question. Did the doctor just dismiss what they were saying or did he come over and check the kid out and go, nah, that's nothing like? How can you not follow up when you have a one year old that we could work on this kid all night if we have to.
00:10:29
Speaker 3: I feel like, look, I've never had the experience, thankfully, of having a young child in the er where you've got life and death issues. But I've seen it portrayed on plenty of movies and television shows, and I always see them actually having to pull the doctor off the child or pull the whoever's working trying to resuscitate a child. I've always believed that they go above and beyond. They'll do chest compressions, they'll do CPR until you know, minutes and minutes and like up to thirty minutes after a child is pronounced dead on the off chance they could bring that child back to life. That's how I envision medical staff dealing with a child, especially a drowning, because there have been cases plenty of them where someone has come back to life, especially in cold water.
00:11:19
Speaker 1: Okay, with Robes that just that I don't understand why he gave up so quickly on the kid.
00:11:23
Speaker 2: I don't either.
00:11:23
Speaker 1: I would love to hear it, and he might have a good reason and maybe what he did was sound, I believe. I don't know if that review is done or not, but I know they were investigating what happened in this incident. But rodes it just from five thirty to six point twenty. That's not that long, babe, that's fifty minutes between nine to one to one to the doctor pronouncing him dead. But then six minutes later robes. Someone says he's breathing. Is that normal? And a nurse says, I have a pulse robes in one hour, within an hour.
00:11:52
Speaker 2: It doesn't seem like to me, but the the doctor does.
00:11:56
Speaker 1: I don't.
00:11:57
Speaker 2: That doesn't make sense. I don't don't understand it, babe. It's an hour.
00:11:59
Speaker 1: You can't give you a little more effort for a kid more than an hour. He got to the hospital and you take ten minutes, fifteen minutes, an hour done here, I'm calling it. I understand baby, I don't either. And again I'm not trying to get onto this doctor. I just don't know. And just that doesn't make sense.
00:12:16
Speaker 3: It doesn't make any sense. And yes, fast forward five hours later, at eleven fifty two pm, little Vincent was discovered breathing in the morgue by that worker with the Medical Examiner's office, and he was airlifted to a children's hospital. His organs began shutting down, and yes, an MRI identified potential brain damage, but then later none was found, but you gotta wonder if medical intervention had been going on from the moment he was in the hospital, could he be in better shape, in a better condition for the rest of his life, had he been attended to properly.
00:12:53
Speaker 1: This is the most upsetting part of this story. Just you imagine you think about a one year old is in a cold room by himsel self and needed help. Well, he's in there breathing for five hours, and what was he in? Was he in a storage unit?
00:13:06
Speaker 2: Robes? I'm envisioning, bro this kid to think he was abandoned for.
00:13:11
Speaker 1: Five hours needing help, and some arrogant ass doctor just says I got this. That that part is the most terrify. That part gives me every time he was alone. Baby, that sucked, that's all.
00:13:24
Speaker 3: And he, like you said, he's going to require extensive therapy, lifelong care. And look, the parents obviously are pursuing damages. But look if anyone I mean just hearing it the way we're hearing it, and we're understanding it based on the information we've been given from police, from prosecutors from that body cam footage, I can get I can get behind not charging the parents, but the doctor just it's it. That's hard for me to not see charges filed against him, him at least maybe losing his license, him being fired from the hospital. They can not find by the way, they haven't received word the hospital. Obviously they protect their personnel, but there is no word whether or not he is still with that hospital.
00:14:10
Speaker 2: How could you you nobody's ever going to go to him? Absolutely not.
00:14:14
Speaker 1: Is that not the most basic function of being a doctor, knowing if somebody's alive or dead? I am so confused, and I don't because we don't understand ropes fully. Oh, whatever was happening and what the criteria is for possibly calling it and declaring somebody dead? But my god, this is not one I get. You're telling me the folks without medical degrees noticed the kid was alive.
00:14:40
Speaker 3: Yeah, that's exactly how it has been relayed to all of us. And so yes, the prosecutor did put out some official language describing why why her office chose not to pursue charges against the parents, and they said to file charges, the state would need to prove beyond a reasonable doubt to a unanimous jury that the parentsarents failed to recognize a substantial and justifiable, 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.
00:15:11
Speaker 2: Have done under the same circumstances.
00:15:14
Speaker 3: And that's a much higher legal standard than probable cause, which is what police needed to submit a case.
00:15:20
Speaker 2: For possible charges.
00:15:21
Speaker 1: Is it they're simply saying, we don't think we can get a conviction, so I didn't Actually, we'll let you hear the rest of their statement. When I first read that part Rhodes, I my first question was, so, do they think maybe the parents did something wrong and they just can't prove it or not? Stay here, We'll let you hear the rest of the prosecution's statement.
00:15:44
Speaker 2: Stay here.
00:15:54
Speaker 3: Welcome back everyone to this episode of Amy and TJ. We are following up actually on and this is a pretty big update on a story we brought to you a short while ago that toddler that had drowned was pronounced dead and then woke up alive in the morgue a few hours later while the parents were being criminally investigated, and police recommended child abuse charges for the parents, but the prosecutor decided not to pursue those charges, and in the explanation this got pretty specific, and I thought this was important to note that when they did the investigation on what happened that day in that home while they were having a Super Bowl party, the prosecutor said the family had multiple child proof locks and safety measures in place, and multiple adults were present in the home, all of whom believed someone was watching the child, so everyone thought the child was with someone else. And just in terms of being responsible parents and pool owners, they noted that they had security measures in place, not sure how the child was able to circumvent those, but they did see the intention that the parents did have safety measures in place, just somehow they all fell through the cracks.
00:17:04
Speaker 2: I guess.
00:17:05
Speaker 1: Well, and when you make that argument, Roges, I mean something went wrong, but I guess you would give I guess there is a different level of comfort in wondering where your child is if you know your child can't get to the pool, at least you're under the impression that the child shouldn't be able to get to the pool.
00:17:21
Speaker 3: Right, Yes, And I believe that is what prosecutors were alluding to. And then the final line was 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 a reasonable likelihood of conviction.
00:17:39
Speaker 1: So maybe what would you do sitting on that, Jerry baby? Right? I mean, there are facts we still don't know. I need to hear about details and whatnot, and we probably won't get all of those. But I just it's tough, babe, because there is a victim here, There is a victim. Somebody should pay for what happened to the victim, should be held responsibleccountable in some way for what happened to the victim?
00:18:02
Speaker 2: Who who is it? Agreed?
00:18:04
Speaker 3: And look, I think maybe if there had been evidence of impairment and when the when the district attorneys specified that there was no evidence that the parents exhibited any obvious signs of impairment, to me, that would make a that would make a big difference for me as a juror if they were saying they were drunk, they were high, they were sloppy, they they could barely operate a vehicle, whatere, like they were drunk, they were high as hell, that would then make me much more likely to to convict parents or to find them guilty, because that would be a choice that was absolutely irresponsible, knowing you're in charge of three children.
00:18:44
Speaker 1: We don't know how this little guy vincent, right, We don't know exactly how he's doing and what his challenges are. That I guess that's a great update Robes about the brain damage, I guess that would be most concerning how he's doing. But again, that's a young that's a little brain. But he had five hours of help that he needed that he didn't get. Don't know how much more damage that did to him. But he is a miracle baby.
00:19:04
Speaker 2: Ropes.
00:19:05
Speaker 1: He doesn't have water for five minutes. I mean, do they know he was actually unconscious for five minutes? Was he struggling out there for five minutes?
00:19:12
Speaker 2: And who knows? But this is a little miracle baby right now, I know. It would be wonderful.
00:19:17
Speaker 3: I think maybe now that the parents know that they're not in any legal any legal jeopardy or any they don't have the same concerns about being charged or being convicted in this case, it would be wonderful to get an update.
00:19:30
Speaker 2: I can see why.
00:19:31
Speaker 3: Maybe they've laid low and probably their attorneys told them say nothing, do nothing. Wait until we get word from the district's attorney whether or not you're going to be facing criminal charges now that they're not, it would be wonderful to get an update on how Vincent is doing, because he is a miracle. This is miraculous that he is still alive. I mean that is that is incredible. There's something that little kid's supposed to do.
00:19:54
Speaker 1: And I've only seen the one picture that's the only one with the curly little hair.
00:19:59
Speaker 3: Right, curly hair, just the cutest little He was eighteen months old at the time, so yes, I'm assuming he'd be two at this point now. But what a sweet, little, cute, adorable, innocent time in a child's life. And yes, his picture will melt your heart if you want to look it up. And yes, as we alluded to, the family is taking legal action understandably, so.
00:20:23
Speaker 2: What they should get they should own the hospital roads?
00:20:26
Speaker 1: What the actual hell? I don't know how I mean, there's all I mean that what do they call it? Malpractice? Insurance is very expensive for a reason because if you mess up, there's a life and death situation and you will get the pants sued off you robes. I'm not sure. I would love to hear why this doctor made the right call, and do I have right, and it's his call, and his call alone. It's not the nurses, it's not the moms, it's not the the police officers. He alone is responsible for putting that kid in a morg who was still alive.
00:20:56
Speaker 3: Absolutely, and the police officer said, he arrogantly made it very clear that it was his call and no one else's. And so yes, the family is suing doctor Tucy and Dignity Health Mercy Gilbert Medical Center as well. They are the ones that most certainly have the deepest pockets of the two, and so they will be pursuing that. And look they're going They've incurred i'm sure incredible, incredible medical costs and will be doing so for the majority of the child's life. So I think this is at the very least, this is a pretty obvious they should settle this one. Oh yeah, they should settle this. They don't see what their defense could possibly be.
00:21:36
Speaker 1: Huh.
00:21:37
Speaker 2: But we wait, and that's why we have trials and that's why we went.
00:21:40
Speaker 1: But yeah, folks, just wanted to bring you that update as we're just getting it a short time ago. But as always, we appreciate you spending a little time with us on TJ That is my dear Amy Rupak.
00:21:49
Speaker 2: We'll talk to y'all soon.
Speaker 1: Hey, that folks.
00:00:02
Speaker 2: It is Thursday, July thirtieth.
00:00:04
Speaker 1: And an eighteen month old boy declared dead after drowning in a pool was very much found alive in the morgue five hours later. And now we've learned nobody is going to face charges for what's happened. And with that, welcome to this episode of Amy and TJ. The parents and so far not the doctors either. This was a bizarre story, but we're just getting word robes that know in fact the parents will not be facing charges.
00:00:34
Speaker 3: And yes, that is an interesting headline because when we first covered this story, police recommended to the prosecutors that both Angelo and Alexis Fiordlino should be charged with child abuse. They believed that it was extreme gross negligence that led to the toddler ending up in the swimming pool. And by the way, this happened on Super Bowl week end, so this was a party that was happening at the parents' house. There were many adults in the house. And look, we talked earlier about how you could see how it would be confusing everyone thinks someone else is looking at the child.
00:01:13
Speaker 2: But there were accusations.
00:01:15
Speaker 3: That there were substances being imbibed and taken, and therefore the parents should be held criminally responsible.
00:01:22
Speaker 1: We see, and this was a debate at the time that the story came out. Maybe it'll be a debate now. But Robes, you do have a kid now who is going to be facing some challenges quite possibly the rest of his life. Even though he did survive, he is alive, he does need care. There was severe damage done to him. He is, by the view of the state, by the prosecutor, the victim here. So we need justice for the victim. And I think Robes don't. A lot of people, a lot of parents can step back and look at this and say something should happen to them. There was some type of neglect that This is another one of those stories we talked about with hot car deaths as well. You know, these parents did not as much as they're hurting right now. Do you pile on kind of a thing these stories. I didn't know which way this one was going to go. What rose with the I don't know what we do with these. Sometimes something happened, somebody should have been watching. But also good people make mistakes and accidents out.
00:02:17
Speaker 3: Exactly And look, I was on the fence with this one a lot of times, as you mentioned hot car deaths, you recognize that the punishment for the parents who made the mistake oftentimes is either the death of their child or the lifetime impairment of the child, which is what is the case in this situation. So a lot of folks would say, that's punishment enough. You now have a child that is going to be disabled for the rest of their lives that you will now be responsible for taking care of, and just the guilt of that every day, day in and day out, knowing that, yes, I'm sure these parents are so grateful that their toddler is alive. I mean, what the shock of thinking your child's dead, saying goodbye to your child, to then find out five hours later that a hospital worker, someone who was actually taking his body to the medical examiner's office from the hospital morgue, that is, the person who recognized or realized that the child was still alive. That is trauma you will live with for the rest of your life.
00:03:22
Speaker 1: And as we say here, the parents robes aren't facing charges. There are still maybe investigations and reviews going on, but at this point it doesn't look like anybody the medical staff, the doctor that was involved at this point going to be facing charges. Robes. That part is relevant as well, because someone is trying to hold the hospital and the medical staff accountable through civil means that we'll mention here in a second. But with Robes, we only got word about this incident was a month or so ago because the police report was just made available. Even though yes, this was Super Bowl Sunday, was it not yet? There was a party you can imagine, there's drinking, there's a high, there's a pool in the back, there's families as kids around, and yes, there was marijuana, so roves.
00:04:07
Speaker 2: At the time when.
00:04:08
Speaker 1: We first heard about this, there was a lot of emphasis put on the marijuana, right, the suggestion they too hot to take care of their own kids kind of a thing, And it looks like that's not what the prosecutor believes.
00:04:19
Speaker 3: Yes, it was pretty interesting to hear from the prosecutor who talked about what the burdener proof would be and what they would have to show these parents were so basically out of sorts that they were incapable of reasonably taking care of their children. And I do think oftentimes we tell these stories and we say, oh, my goodness, the police say the parents were high, they were smoking pot, and turns out I thought it was really interesting that the prosecutor made a point to say that after they reviewed the case, and they truly thoroughly investigated the case, they didn't believe that the parents were were that out of control or were not within They were able to function, They were able to parent, They were able to actually make sure they knew where their kids were.
00:05:10
Speaker 1: They weren't too impaired to parent correct. Simply put, ropes, I don't know how high out of your mind you got to be on marijuana to where you can't take care of your kid. Maybe you go to sleep, maybe you get forgetful, whatever it may be. But that was such a part of it. But I thought it was interesting that they made a point to make that point that these folks were not that wasn't the case. So if that's not the case, ropes are we talking about? Did you ever see how many people were in the house?
00:05:33
Speaker 3: They just said multiple adults, So they were having a Super Bowl party.
00:05:37
Speaker 1: Yeah, I don't know. This one's tricky baby neglect versus an accident. Obviously this shouldn't have happened, and obviously we know how how soon do they tell you that when you have your first kid ropes, If there is a pool in a house and you have a child, there are things you must do. You do not turn your back on that child for a moment. We know this.
00:06:02
Speaker 2: So that's why I look at is their neglect.
00:06:06
Speaker 1: And the prosecutors are you going to convince twelve people in the jury who are parents the accident can't happen.
00:06:13
Speaker 2: But I think about that. Roll open some of the hot car deaf story.
00:06:15
Speaker 1: We talk about that. Some everybody wants to Nope, they must be bad people because that would never happen to me, because I'm a good parent. Would a jury look at them and say these are terrible people?
00:06:25
Speaker 2: I don't know?
00:06:27
Speaker 1: Look.
00:06:27
Speaker 3: I think that that is people warned that that is a problem because no one thinks it can happen to them. People hear these stories something that happens. I would never ever look away long enough or not know where my child was long enough to allow them to get and make their way into a pool for me not to recognize that they were missing until it was too late.
00:06:47
Speaker 2: Impossible, couldn't happen to me.
00:06:49
Speaker 3: I do think a lot of folks think that, and so it's easy to blame someone else and make them the bad guy and then tell yourself you would never be in that same place position. But we see it happen all the time. These types of stories happen, especially when you have a gathering, especially when you have a party, especially when parents are distracted, they're entertaining, they're making sure their guests are okay. They had two other older children in the house, so they had a total of three kids. And yes, the toddler eighteen months old, probably just started walking a little while ago, and they probably never thought in a million years that he would head straight for the pool. This was February. Yes it's Arizona, but the pool was cold, it wasn't open for the season. But that cold water probably is what ended up saving his life.
00:07:35
Speaker 1: Well, Robes, they talked about him being in that water for five minutes. Five minutes is a long time to not know where an eighteen month old is when there's a pool nearby, that's a long time. Even you talk about the other kids. No one around, no one peaked in the backyard, no one saw it. You just don't know. But this was a terrible, terrible Robes accident. But the incident itself is confusing robes how this went down, And so we'll go back to the incident itself. On February eighth of this year, during the Super Bowl nine to one one call gets placed. What time is it?
00:08:09
Speaker 2: Five? Five thirty pm?
00:08:11
Speaker 1: Okay, And this sets off a chain of events that are pretty remarkable over the next six or seven.
00:08:17
Speaker 2: Hours, that's right.
00:08:18
Speaker 3: So he's rushed to the hospital at six twenty pm, So less than an hour later, the doctor, doctor Arian Tussey, pronounces little Vincent dead at six twenty six the boy's mom and this was all captured by the way on a police body camp, so this is irrefutable in terms of the time stamp and what was said. You have Little Vincent's mom saying he's breathing? Is that normal? And then the nurse follows up and says, I have a pulse. And then in the police report, the police officer noted that Vincent was still possibly breathing based on the appearance of his stomach and chest area rising and falling. But then it gets strange.
00:09:03
Speaker 1: I'm confused here. You have a lay person and this medicals person both saying the same thing, someone's breathing, and I have a pulse that person is alive. Right, I don't know where what happened?
00:09:22
Speaker 2: Baby? Why in God's name was that.
00:09:25
Speaker 3: Not completely followed through on what by the doctor by doctor Tuscy. But in the police report it says doctor Tuscy quote arrogantly told the officer that quote he was the doctor. He has the medical degree. He went to medical school for a reason, and to let him do his thing. And so yes, he pronounced the boy dead. And I believe what they chalked it up to agonal breathing the body.
00:09:55
Speaker 1: Yes, the body after someone dies, Yes, it can admit, just gases, an extra air that's in there can come out.
00:10:02
Speaker 2: Fine.
00:10:03
Speaker 1: I don't understand if you have one, two three, you had several people around, even the police officers. We're saying I'm hearing something. I'm hearing breathing the doctor. What how about this robes? Here's my question. Did the doctor just dismiss what they were saying or did he come over and check the kid out and go, nah, that's nothing like? How can you not follow up when you have a one year old that we could work on this kid all night if we have to.
00:10:29
Speaker 3: I feel like, look, I've never had the experience, thankfully, of having a young child in the er where you've got life and death issues. But I've seen it portrayed on plenty of movies and television shows, and I always see them actually having to pull the doctor off the child or pull the whoever's working trying to resuscitate a child. I've always believed that they go above and beyond. They'll do chest compressions, they'll do CPR until you know, minutes and minutes and like up to thirty minutes after a child is pronounced dead on the off chance they could bring that child back to life. That's how I envision medical staff dealing with a child, especially a drowning, because there have been cases plenty of them where someone has come back to life, especially in cold water.
00:11:19
Speaker 1: Okay, with Robes that just that I don't understand why he gave up so quickly on the kid.
00:11:23
Speaker 2: I don't either.
00:11:23
Speaker 1: I would love to hear it, and he might have a good reason and maybe what he did was sound, I believe. I don't know if that review is done or not, but I know they were investigating what happened in this incident. But rodes it just from five thirty to six point twenty. That's not that long, babe, that's fifty minutes between nine to one to one to the doctor pronouncing him dead. But then six minutes later robes. Someone says he's breathing. Is that normal? And a nurse says, I have a pulse robes in one hour, within an hour.
00:11:52
Speaker 2: It doesn't seem like to me, but the the doctor does.
00:11:56
Speaker 1: I don't.
00:11:57
Speaker 2: That doesn't make sense. I don't don't understand it, babe. It's an hour.
00:11:59
Speaker 1: You can't give you a little more effort for a kid more than an hour. He got to the hospital and you take ten minutes, fifteen minutes, an hour done here, I'm calling it. I understand baby, I don't either. And again I'm not trying to get onto this doctor. I just don't know. And just that doesn't make sense.
00:12:16
Speaker 3: It doesn't make any sense. And yes, fast forward five hours later, at eleven fifty two pm, little Vincent was discovered breathing in the morgue by that worker with the Medical Examiner's office, and he was airlifted to a children's hospital. His organs began shutting down, and yes, an MRI identified potential brain damage, but then later none was found, but you gotta wonder if medical intervention had been going on from the moment he was in the hospital, could he be in better shape, in a better condition for the rest of his life, had he been attended to properly.
00:12:53
Speaker 1: This is the most upsetting part of this story. Just you imagine you think about a one year old is in a cold room by himsel self and needed help. Well, he's in there breathing for five hours, and what was he in? Was he in a storage unit?
00:13:06
Speaker 2: Robes? I'm envisioning, bro this kid to think he was abandoned for.
00:13:11
Speaker 1: Five hours needing help, and some arrogant ass doctor just says I got this. That that part is the most terrify. That part gives me every time he was alone. Baby, that sucked, that's all.
00:13:24
Speaker 3: And he, like you said, he's going to require extensive therapy, lifelong care. And look, the parents obviously are pursuing damages. But look if anyone I mean just hearing it the way we're hearing it, and we're understanding it based on the information we've been given from police, from prosecutors from that body cam footage, I can get I can get behind not charging the parents, but the doctor just it's it. That's hard for me to not see charges filed against him, him at least maybe losing his license, him being fired from the hospital. They can not find by the way, they haven't received word the hospital. Obviously they protect their personnel, but there is no word whether or not he is still with that hospital.
00:14:10
Speaker 2: How could you you nobody's ever going to go to him? Absolutely not.
00:14:14
Speaker 1: Is that not the most basic function of being a doctor, knowing if somebody's alive or dead? I am so confused, and I don't because we don't understand ropes fully. Oh, whatever was happening and what the criteria is for possibly calling it and declaring somebody dead? But my god, this is not one I get. You're telling me the folks without medical degrees noticed the kid was alive.
00:14:40
Speaker 3: Yeah, that's exactly how it has been relayed to all of us. And so yes, the prosecutor did put out some official language describing why why her office chose not to pursue charges against the parents, and they said to file charges, the state would need to prove beyond a reasonable doubt to a unanimous jury that the parentsarents failed to recognize a substantial and justifiable, 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.
00:15:11
Speaker 2: Have done under the same circumstances.
00:15:14
Speaker 3: And that's a much higher legal standard than probable cause, which is what police needed to submit a case.
00:15:20
Speaker 2: For possible charges.
00:15:21
Speaker 1: Is it they're simply saying, we don't think we can get a conviction, so I didn't Actually, we'll let you hear the rest of their statement. When I first read that part Rhodes, I my first question was, so, do they think maybe the parents did something wrong and they just can't prove it or not? Stay here, We'll let you hear the rest of the prosecution's statement.
00:15:44
Speaker 2: Stay here.
00:15:54
Speaker 3: Welcome back everyone to this episode of Amy and TJ. We are following up actually on and this is a pretty big update on a story we brought to you a short while ago that toddler that had drowned was pronounced dead and then woke up alive in the morgue a few hours later while the parents were being criminally investigated, and police recommended child abuse charges for the parents, but the prosecutor decided not to pursue those charges, and in the explanation this got pretty specific, and I thought this was important to note that when they did the investigation on what happened that day in that home while they were having a Super Bowl party, the prosecutor said the family had multiple child proof locks and safety measures in place, and multiple adults were present in the home, all of whom believed someone was watching the child, so everyone thought the child was with someone else. And just in terms of being responsible parents and pool owners, they noted that they had security measures in place, not sure how the child was able to circumvent those, but they did see the intention that the parents did have safety measures in place, just somehow they all fell through the cracks.
00:17:04
Speaker 2: I guess.
00:17:05
Speaker 1: Well, and when you make that argument, Roges, I mean something went wrong, but I guess you would give I guess there is a different level of comfort in wondering where your child is if you know your child can't get to the pool, at least you're under the impression that the child shouldn't be able to get to the pool.
00:17:21
Speaker 3: Right, Yes, And I believe that is what prosecutors were alluding to. And then the final line was 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 a reasonable likelihood of conviction.
00:17:39
Speaker 1: So maybe what would you do sitting on that, Jerry baby? Right? I mean, there are facts we still don't know. I need to hear about details and whatnot, and we probably won't get all of those. But I just it's tough, babe, because there is a victim here, There is a victim. Somebody should pay for what happened to the victim, should be held responsibleccountable in some way for what happened to the victim?
00:18:02
Speaker 2: Who who is it? Agreed?
00:18:04
Speaker 3: And look, I think maybe if there had been evidence of impairment and when the when the district attorneys specified that there was no evidence that the parents exhibited any obvious signs of impairment, to me, that would make a that would make a big difference for me as a juror if they were saying they were drunk, they were high, they were sloppy, they they could barely operate a vehicle, whatere, like they were drunk, they were high as hell, that would then make me much more likely to to convict parents or to find them guilty, because that would be a choice that was absolutely irresponsible, knowing you're in charge of three children.
00:18:44
Speaker 1: We don't know how this little guy vincent, right, We don't know exactly how he's doing and what his challenges are. That I guess that's a great update Robes about the brain damage, I guess that would be most concerning how he's doing. But again, that's a young that's a little brain. But he had five hours of help that he needed that he didn't get. Don't know how much more damage that did to him. But he is a miracle baby.
00:19:04
Speaker 2: Ropes.
00:19:05
Speaker 1: He doesn't have water for five minutes. I mean, do they know he was actually unconscious for five minutes? Was he struggling out there for five minutes?
00:19:12
Speaker 2: And who knows? But this is a little miracle baby right now, I know. It would be wonderful.
00:19:17
Speaker 3: I think maybe now that the parents know that they're not in any legal any legal jeopardy or any they don't have the same concerns about being charged or being convicted in this case, it would be wonderful to get an update.
00:19:30
Speaker 2: I can see why.
00:19:31
Speaker 3: Maybe they've laid low and probably their attorneys told them say nothing, do nothing. Wait until we get word from the district's attorney whether or not you're going to be facing criminal charges now that they're not, it would be wonderful to get an update on how Vincent is doing, because he is a miracle. This is miraculous that he is still alive. I mean that is that is incredible. There's something that little kid's supposed to do.
00:19:54
Speaker 1: And I've only seen the one picture that's the only one with the curly little hair.
00:19:59
Speaker 3: Right, curly hair, just the cutest little He was eighteen months old at the time, so yes, I'm assuming he'd be two at this point now. But what a sweet, little, cute, adorable, innocent time in a child's life. And yes, his picture will melt your heart if you want to look it up. And yes, as we alluded to, the family is taking legal action understandably, so.
00:20:23
Speaker 2: What they should get they should own the hospital roads?
00:20:26
Speaker 1: What the actual hell? I don't know how I mean, there's all I mean that what do they call it? Malpractice? Insurance is very expensive for a reason because if you mess up, there's a life and death situation and you will get the pants sued off you robes. I'm not sure. I would love to hear why this doctor made the right call, and do I have right, and it's his call, and his call alone. It's not the nurses, it's not the moms, it's not the the police officers. He alone is responsible for putting that kid in a morg who was still alive.
00:20:56
Speaker 3: Absolutely, and the police officer said, he arrogantly made it very clear that it was his call and no one else's. And so yes, the family is suing doctor Tucy and Dignity Health Mercy Gilbert Medical Center as well. They are the ones that most certainly have the deepest pockets of the two, and so they will be pursuing that. And look they're going They've incurred i'm sure incredible, incredible medical costs and will be doing so for the majority of the child's life. So I think this is at the very least, this is a pretty obvious they should settle this one. Oh yeah, they should settle this. They don't see what their defense could possibly be.
00:21:36
Speaker 1: Huh.
00:21:37
Speaker 2: But we wait, and that's why we have trials and that's why we went.
00:21:40
Speaker 1: But yeah, folks, just wanted to bring you that update as we're just getting it a short time ago. But as always, we appreciate you spending a little time with us on TJ That is my dear Amy Rupak.
00:21:49
Speaker 2: We'll talk to y'all soon.