July 9, 2026
Toddler Found Alive In Morgue, 5 Hours After Doc Declared Him Dead
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RSS Feed An unbelievable story out of Arizona, after an emergency room doctor pronounced 1-year-old Vincent Fiordilino dead after he fell into the family pool and was underwater for more than 5 minutes. Police body cam footage shows nurses, the family and even officers question whether the boy was actually dead after they saw breathing and a faint pulse. Police say the doctor “arrogantly” insisted the toddler was deceased, and it wasn’t until more than 5 hours later that a transporter from the medical examiner’s office found the toddler alive in the morgue. As the family prepares to sue the doctor and the hospital, prosecutors are considering filing felony child abuse charges against the parents, who were apparently smoking marijuana when the toddler fell in the pool.
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00:00:02
Speaker 1: Hey there, folks. TJ.
00:00:03
Speaker 2: Holmes here alongside Amy Roeboch and it's a story that really we've only seen in movies. Somebody goes into a morgue and find somebody in there with a toe tag, but alive. But this has happened in real life and a toddler is involved. Welcome to this episode here, Robes. This is I've seen this in a bunch of movies. To be honest with you, I don't know how in God's name this happens. We should be grateful that the kid is alive, but how does this happen?
00:00:35
Speaker 1: It's alarming beyond belief. I mean, a one year old and we're talking it was I believe. When we'll get into the timeline of how this all unfolded, but it was five hours after this little boy was pronounced dead, his body in the morgue, someone from the medical Examiner's office coming to pick him up and realizes, holy hell, this little baby has a pulse and is breathing.
00:01:03
Speaker 2: And you think a mistake is made. You think, how can a mistake like that be made? And then you think about maybe this is some kind of a miracle. Well, they don't think it's that so let's get into what we're talking about in Robes. This was an incident that happened in February. It happened on Super Bowl Sunday, actually, but it happened in February. We're only getting it now because the police report was just made public.
00:01:25
Speaker 1: That's correct. We're talking about one year old Vincent Lorenzo fior Delino. He was well, he is at the time. He was a one year old from Arizona. And yet his parents had a Super Bowl party, so you can see. Look, we have both I'm sure covered tragic events where kids go missing, end up drowning, end up in some harms way because the parents are distracted, they're at a party. Everyone thinks someone else is watching the child. They have two other young children in the home. But somehow little Vincent goes outside of his family home and falls into the and so a nine to one one call is placed by the family, the desperate family at five thirty pm, and Vincent is rushed to the hospital.
00:02:12
Speaker 2: Yes, work is being done on him, according to all reports, but Robes he was officially declared dead. A doctor ordered that the resuscitation and everything be stopped to life saving measures, so as to your point. Robes, he's dead. Family says they're goodbyes. He goes to the morgue and it wasn't identified until later when the medical examiner showed up five hours later. Now we go, holy hell, what happened? The details robes from the pool to the morgue are very important here.
00:02:46
Speaker 1: Yeah, that's right. I actually have a timeline just to give you the full perspective. So again, the nine one one call is placed by the family at five thirty pm, and they are desperate. They are saying he is not showing signs of life. They are trying to perform CPR. He's rushed to the hospital and police are there. So they actually have body cam video. We actually can hear the audio. We know the time stamps, and so at five point thirty the call goes in. At six twenty pm, doctor Arian Tussey pronounces Vincent dead and he says, no objections, I'd like to call time of death. Let's take a moment of silence. This is at six twenty pm. Six minutes later, at six twenty six, you can hear the mom say, he's breathing. Is that normal? The nurse says, I have a pulse. And so the officer makes a note on his police report that the toddler was quote still possibly breathing based on the appearance of his stomach and chest area rising and falling. But the nurse had an explanation for the family.
00:03:51
Speaker 2: Yeah, I mean this is a thing I have heard about this folks from the Obysea's a body can really expel gases, oxygen. This does happen. Agon old breathing, I think is what they got all exactly what it calls comes, it comes out. So it's a natural thing that was dismissed by the medical folks as just that. But robes, it wasn't just the mom It seems like several people, officers and the family were saying, hey, wait a minute, and then a nurse also saying, wait a minute, I think I got a pulse. Well, so several people were essentially trying to say, hey, everybody, I think we got a live one here.
00:04:31
Speaker 1: I'm so confused because it was always my belief or understanding that, especially when it comes to a child, doctors will continue to perform CPR. They'll do everything, They'll shock the little heart, they'll do whatever it takes to try and see if they can get a pulse. If someone is saying I have a pulse, it is utterly confusing. Why the doctor did and said? What happened next?
00:04:57
Speaker 2: According to police, well, I guess he thought otherwise. I mean, even no matter what somebody said, he's there checking as well, is he not?
00:05:05
Speaker 1: Can only assume. So, yes, you've got the parents, you've got police, you've got the nurse all saying it looks like he's breathing, it seems like he has a pulse. But the doctor pronounced him dead. And when he was questioned about it, according to the police report, it says doctor Tucy 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. That is a direct quote from the police report.
00:05:37
Speaker 2: I don't know this doctor, but that reads like for whatever reason, Robes I've read that, and he goes, yeah, I could see a doctor of not knocking doctors. But I have known some who have that type of attitude. They don't want to hear anybody question their expertise. I do this, you don't. You went to copp acated. I am the doctor and I could see Robes did arrogance play a role this kid not getting proper treatment an arrogant doctor.
00:06:11
Speaker 1: Some would call that an oxymoron. No, but seriously, interestingly enough, this doctor specifically is kind of a young doctor in terms of doctors go, so yes, maybe you could say arrogance is more likely or something you might more likely encounter in a younger doctor. A guy who thinks he's just gotten a medical school and knows it all. But he holds an osteopathic physician's license that was issued in twenty twenty three, so this was at the beginning of the year, so three years as a licensed doctor. He completed his residency at Sparrow Hospital in Lansing, Michigan. Just so happens to be the hospital I was born in in twenty twenty two. So yeah, he's a fairly young doctor. So just a little background on him. Will have more on that in just a moment. But yes, so that was at six twenty pronounces this little boy dead despite the protests maybe light protests from those around him. It wasn't until eleven fifty two pm, just before midnight, when a transporter from the Medical Examiner's office was told to take the little boy's body and bring it over to the coroner's office. When he discovered that the toddler was breathing and had a pulse that moment, I cannot imagine what that was like.
00:07:32
Speaker 2: Good, well, it's I guess we're supposed to Well I don't know, Robes, how to go back now and to think this kid is sitting there five hours by himself, needing medical care, and what that could have meant exactly mistakes. No, you're a pilot, you're a doctor. You don't make mistakes. There are some mistakes you just cannot make. There's a reason for that, Robes.
00:07:54
Speaker 1: This is just.
00:07:57
Speaker 2: I don't understand. Look, there there's a I don't know how you miss that. I just don't. And these are doctors, they know their thing. But there's a whole full cardio pulmonary death exam they're supposed to go through. There are steps you are supposed to follow to confirm the death of somebody. For him to what I don't have enough time for this, or that's good enough, or I'll call it. Why you should be working on this kid for five hours?
00:08:20
Speaker 1: Look, I watched the pit I watched er. You know you see these obviously Hollywood versions depicting what it's like in an emergency room, and it's just something that you assume goes on where they go till beyond, way beyond what they should to try and make sure or to see if they could bring someone back to life, and especially considering drowning deaths. Look, this is really really rare, but we have heard of the ability of people to survive being underwater, and this little boy reportedly was underwater for five minutes before his family discovered him. But we mentioned it was February, February ninth in Air, Arizona, and they said that the pool temperature was under sixty degrees. That's important because we have heard again really rare, but in cold water you can be resuscitated. That somehow that cold water allows your body to stay alive. And so honestly, he was in the perfect conditions for the possibility of him being able to be resuscitated.
00:09:24
Speaker 2: Yes, he went to the wrong doctor. I mean, what the hell, I don't know what could have happened. Yes, the kid will give the update on his condition, but it wrotes. I just don't I just don't know. I'm blown away that something like this can happen. This is some Jesus stuff. This is Lazarus. Yes, there is a thing the Lazarus effect. Well, the name of the movie is a Lazarus effect. Yes, if you haven't seen a horror movie, it's kind of we got to go back and watch it today. Olivia Wilde, Yes, absolutely anyway. But this idea, this Lazarus phenomenon, it's they're so rare, these documented cases of auto resuscitation were people have been known to their heart stop and just after CPR on their own it's start again.
00:10:06
Speaker 1: Yes, but obviously, if you're in that situation, in that delicate balance between life and death, you would think if he were still alive, oxygen would have been pumped into his brain and his body and fluids would be in there just trying to bring back all of his organs to life. And what ended up happening five hours goes by more than five hours goes by the moment this transporter finds this little boy still breathing, he is immediately airlifted to a children's hospital, but they describe the situation as while he's being airlifted, his organs are shutting down. An initial MRI identified potential brain damage. Later they say there was none found. However, his family says because of this ordeal, he requires extensive therapy and will be he will require lifelong care. Isn't He isn't fully recovered back to normal, And the questions are could he have had a better shot at a normal life had he been given immediate medical attention.
00:11:06
Speaker 2: I bet that's coming up at trial. Yes, that's the question. How can you ever, I mean, can they ever? Are they ever going to be able to prove that had he gotten five hours worth of treatment, he wouldn't have ended up in the state he's in.
00:11:20
Speaker 1: They will certainly be How are.
00:11:21
Speaker 2: They going to prove that he was going to end up in this way? No matter what?
00:11:26
Speaker 1: This is going to be? Yes, a question for the courts, but we will point out right now and it doesn't appear as if this doctor is going to be facing any criminal charges. But he has retained an attorney, and the attorney did make a comment when obviously this is of significant interest to a lot of folks, so he's been getting a lot of inquiries, and the attorney made this statement. Out of courtesy to the family and patient confidentiality, we respectfully declined to make a statement at this time. I doubt that it's out of respect for the family. My apologies for calling that into question. This is about legal protection, which is understandable and right now. I thought this was interesting. I looked through several different media reports. It's unclear if doctor Tucy is still employed or if he has been placed on any sort of leave, pending an investigation from Dignity Health, which is where he worked and where the child was initially brought to. Dignity Health did not respond to media requests about the status of doctor Tuccy, so we don't know that. But when we come back, we will talk about another question. Will these parents now face charges because it turns out they were smoking marijuana when their child fell into the pool. Welcome back everyone to this episode of Amy and TJ. We are talking about a miraculous recovery, but a lot of questions about who's to blame. What went wrong when a one year old Childler fell into his family's pool while they were all enjoying the Super Bowl at a Super Bowl party. He's removed from being underwater after five minutes, declared pronounced dead by a doctor, and more than five hours later, is found alive in the morgue. Now the parents admit and admitted to smoking marijuana at the time their son fell into the water, and police reported smelling marijuana when they came to the home, and so they actually said that his parents were quote impaired by marijuana and or other mind altering substances. So right now the DA is considering pressing charges.
00:13:44
Speaker 2: Your thoughts, um, I don't know those circumstances, robes, Accidents happen. Accidents happened to good people and good parents who turn their back for something or for a moment. Take the marijuana out of the whole equation, and just there was a party going on. This parent thought another parent was correct, and this happened, we would look at it as an accident. I don't know why just inserting marijuana into the story now leads to some judgment about their parenting. So I want to pump the brakes on that. But it's hard to go about punishing folks who have been punished as much as they have with everything. They went ropes, They said goodbye to their child. Yes, they said bye and went home, and then got a call five or six hours later and said, oh, by the way, they've been through a lot ropes. They've been through it, and.
00:14:35
Speaker 1: Look, I also would ask these couple of questions. First of all, if they had just had a couple beers, would that be considered a charge as well because they had been drinking or they had had a little bit of alcohol? How much marijuana did they have? Did they smoke one joint? I mean, like, there are a lot of questions.
00:14:54
Speaker 2: And does that automatically lead to parental neglect? Exactly, you were high and then something happened, So that means it happened because you.
00:15:01
Speaker 1: Were high, right, And here's the deal. I also, he was underwater for five minutes, So I'm just saying how many times as a parent did you maybe not know, especially if you were at a party where your kid was for five minutes. I know he was one, so he's a little guy.
00:15:15
Speaker 2: Yeah, that's different.
00:15:16
Speaker 1: That's different if your eye on a kid, and if you have a pool, that is the whole other level. I remember just I never had a home with a pool when my kids were younger, but my mom and dad did, and every time we visited them, it was like your eagle eye trained on your kids. My mom had the doors locked, she had an alarm on the back door to the pool, just in case we knew if anybody opened a door and went outside. But look, I have personally covered a case almost identical to this. It was a mother's day party and a little two year old wandered out. Everyone thought someone else was watching him. He ended up drowning in the creek behind the home. There wasn't any allegation of marijuana or alcohol, but it only takes a few minutes for a child to wander away and drown and so within five minutes they found him. So look, I agree. I think that in this case, these parents are living with the nightmare that they have been living through and will continue to for the rest of their lives. By all accounts, based on the condition that the physical and medical condition this child is in and will likely remain in for the rest of his life, to put them in prison for this on top of it, for me, that's that's a difficult decision for the DA.
00:16:27
Speaker 2: It is but the DA is supposed to protect the victim, and the victim right now and his eyes is his child, yes, his or her eyes. I don't know who the prosecutor is, but it's just but I mean, is this a lesson to other parents or should the lesson be putting the parents in jail? Is that the bigger lesson that needs to be taught. Every parent has made a mistake. We've all every single parent listening can remember a time when your child was one to three and you had an old shit moment.
00:16:56
Speaker 1: Where's my child? I had it in an a mazy score with.
00:16:59
Speaker 2: Ava where there's danger involved. It's just these mistakes happen rolls. But when you have a one year old and when they're the pool in the back, no, every parent knows there is never a time that child should be out of your sight.
00:17:14
Speaker 1: And yes, and I think everything it knows you shouldn't be probably taking mind altering substances when you're having a party and you've got small children and a pool in the backyard. Now that so, by the way, the police did recommend they make their recommendations to the prosecutor that they believe the parents should face felony child abuse charge fellny Man felony child abuse charges. That is the recommendation by police.
00:17:39
Speaker 2: I didn't I didn't get to see the read The police report was pretty extensive. I didn't see all of it, but they went into mostly robes, not what happened at the hospital, but what happened at the home. Yes, so the police were look, the police investigation has to do with what happened to this child somebody else at the hospital. Y'all can deal with neglecting what you want to do with your doctor. But in their eyes robes, they have a child that has been permanently harmed. Who did it? And I could see why they're looking at the parents, They're looking at the behavior. What else was happening there was their reckless behavior where all the kids just running around and not being watched at all. We don't know that, but man, it's I'm pretty sure these this family is messed up right now. Oh my goodness, to think of them being getting hit with felony charges.
00:18:24
Speaker 1: On top of everything else. Now they are also planning, they've made this very clear, to pursue legal action against doctor Tuccy, against Dignity Health Mercy Gilbert Medical Center. Of course, that's the place where he was pronounced dead and was placed in the morgue. So they've already made it very clear that they are planning to sue both the doctor and the hospital involved in this. And that is clearly why doctor Tusey has already lawyered up. That makes a whole lot of sense here, But there is more to come, and we will obviously keep our eye in the situation if charges are filed against these parents. But just one of those stories is that yes, does have a miracle or a miraculous ending in place. But the question is was he alive the whole time? Was he how long was he gone? There are still a lot of questions that need to be answered, and so we'll continue to follow this story.
00:19:14
Speaker 2: Oh no, just I'm just thinking about that whole Lazarus thing again. They don't have cases where for somebody's heart stopped and they came back five hours later. No, they don't have those.
00:19:24
Speaker 1: And if there was already unnoticeable pulse and breathing, that was it. Yeah, that's that. Matt is scary and what could have occurred during those five hours. It could have changed the course of his life.
00:19:40
Speaker 2: It's sad, little guy. I know, nobody helping them in this cold room. Don't have that helped all.
00:19:52
Speaker 1: I know. I know we will keep our eye on this one indeed, But in the meantime, thank you all for listening to us. I'm made me roboch alongside you. J Holmes, we'll talk to you soon.
Speaker 1: Hey there, folks. TJ.
00:00:03
Speaker 2: Holmes here alongside Amy Roeboch and it's a story that really we've only seen in movies. Somebody goes into a morgue and find somebody in there with a toe tag, but alive. But this has happened in real life and a toddler is involved. Welcome to this episode here, Robes. This is I've seen this in a bunch of movies. To be honest with you, I don't know how in God's name this happens. We should be grateful that the kid is alive, but how does this happen?
00:00:35
Speaker 1: It's alarming beyond belief. I mean, a one year old and we're talking it was I believe. When we'll get into the timeline of how this all unfolded, but it was five hours after this little boy was pronounced dead, his body in the morgue, someone from the medical Examiner's office coming to pick him up and realizes, holy hell, this little baby has a pulse and is breathing.
00:01:03
Speaker 2: And you think a mistake is made. You think, how can a mistake like that be made? And then you think about maybe this is some kind of a miracle. Well, they don't think it's that so let's get into what we're talking about in Robes. This was an incident that happened in February. It happened on Super Bowl Sunday, actually, but it happened in February. We're only getting it now because the police report was just made public.
00:01:25
Speaker 1: That's correct. We're talking about one year old Vincent Lorenzo fior Delino. He was well, he is at the time. He was a one year old from Arizona. And yet his parents had a Super Bowl party, so you can see. Look, we have both I'm sure covered tragic events where kids go missing, end up drowning, end up in some harms way because the parents are distracted, they're at a party. Everyone thinks someone else is watching the child. They have two other young children in the home. But somehow little Vincent goes outside of his family home and falls into the and so a nine to one one call is placed by the family, the desperate family at five thirty pm, and Vincent is rushed to the hospital.
00:02:12
Speaker 2: Yes, work is being done on him, according to all reports, but Robes he was officially declared dead. A doctor ordered that the resuscitation and everything be stopped to life saving measures, so as to your point. Robes, he's dead. Family says they're goodbyes. He goes to the morgue and it wasn't identified until later when the medical examiner showed up five hours later. Now we go, holy hell, what happened? The details robes from the pool to the morgue are very important here.
00:02:46
Speaker 1: Yeah, that's right. I actually have a timeline just to give you the full perspective. So again, the nine one one call is placed by the family at five thirty pm, and they are desperate. They are saying he is not showing signs of life. They are trying to perform CPR. He's rushed to the hospital and police are there. So they actually have body cam video. We actually can hear the audio. We know the time stamps, and so at five point thirty the call goes in. At six twenty pm, doctor Arian Tussey pronounces Vincent dead and he says, no objections, I'd like to call time of death. Let's take a moment of silence. This is at six twenty pm. Six minutes later, at six twenty six, you can hear the mom say, he's breathing. Is that normal? The nurse says, I have a pulse. And so the officer makes a note on his police report that the toddler was quote still possibly breathing based on the appearance of his stomach and chest area rising and falling. But the nurse had an explanation for the family.
00:03:51
Speaker 2: Yeah, I mean this is a thing I have heard about this folks from the Obysea's a body can really expel gases, oxygen. This does happen. Agon old breathing, I think is what they got all exactly what it calls comes, it comes out. So it's a natural thing that was dismissed by the medical folks as just that. But robes, it wasn't just the mom It seems like several people, officers and the family were saying, hey, wait a minute, and then a nurse also saying, wait a minute, I think I got a pulse. Well, so several people were essentially trying to say, hey, everybody, I think we got a live one here.
00:04:31
Speaker 1: I'm so confused because it was always my belief or understanding that, especially when it comes to a child, doctors will continue to perform CPR. They'll do everything, They'll shock the little heart, they'll do whatever it takes to try and see if they can get a pulse. If someone is saying I have a pulse, it is utterly confusing. Why the doctor did and said? What happened next?
00:04:57
Speaker 2: According to police, well, I guess he thought otherwise. I mean, even no matter what somebody said, he's there checking as well, is he not?
00:05:05
Speaker 1: Can only assume. So, yes, you've got the parents, you've got police, you've got the nurse all saying it looks like he's breathing, it seems like he has a pulse. But the doctor pronounced him dead. And when he was questioned about it, according to the police report, it says doctor Tucy 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. That is a direct quote from the police report.
00:05:37
Speaker 2: I don't know this doctor, but that reads like for whatever reason, Robes I've read that, and he goes, yeah, I could see a doctor of not knocking doctors. But I have known some who have that type of attitude. They don't want to hear anybody question their expertise. I do this, you don't. You went to copp acated. I am the doctor and I could see Robes did arrogance play a role this kid not getting proper treatment an arrogant doctor.
00:06:11
Speaker 1: Some would call that an oxymoron. No, but seriously, interestingly enough, this doctor specifically is kind of a young doctor in terms of doctors go, so yes, maybe you could say arrogance is more likely or something you might more likely encounter in a younger doctor. A guy who thinks he's just gotten a medical school and knows it all. But he holds an osteopathic physician's license that was issued in twenty twenty three, so this was at the beginning of the year, so three years as a licensed doctor. He completed his residency at Sparrow Hospital in Lansing, Michigan. Just so happens to be the hospital I was born in in twenty twenty two. So yeah, he's a fairly young doctor. So just a little background on him. Will have more on that in just a moment. But yes, so that was at six twenty pronounces this little boy dead despite the protests maybe light protests from those around him. It wasn't until eleven fifty two pm, just before midnight, when a transporter from the Medical Examiner's office was told to take the little boy's body and bring it over to the coroner's office. When he discovered that the toddler was breathing and had a pulse that moment, I cannot imagine what that was like.
00:07:32
Speaker 2: Good, well, it's I guess we're supposed to Well I don't know, Robes, how to go back now and to think this kid is sitting there five hours by himself, needing medical care, and what that could have meant exactly mistakes. No, you're a pilot, you're a doctor. You don't make mistakes. There are some mistakes you just cannot make. There's a reason for that, Robes.
00:07:54
Speaker 1: This is just.
00:07:57
Speaker 2: I don't understand. Look, there there's a I don't know how you miss that. I just don't. And these are doctors, they know their thing. But there's a whole full cardio pulmonary death exam they're supposed to go through. There are steps you are supposed to follow to confirm the death of somebody. For him to what I don't have enough time for this, or that's good enough, or I'll call it. Why you should be working on this kid for five hours?
00:08:20
Speaker 1: Look, I watched the pit I watched er. You know you see these obviously Hollywood versions depicting what it's like in an emergency room, and it's just something that you assume goes on where they go till beyond, way beyond what they should to try and make sure or to see if they could bring someone back to life, and especially considering drowning deaths. Look, this is really really rare, but we have heard of the ability of people to survive being underwater, and this little boy reportedly was underwater for five minutes before his family discovered him. But we mentioned it was February, February ninth in Air, Arizona, and they said that the pool temperature was under sixty degrees. That's important because we have heard again really rare, but in cold water you can be resuscitated. That somehow that cold water allows your body to stay alive. And so honestly, he was in the perfect conditions for the possibility of him being able to be resuscitated.
00:09:24
Speaker 2: Yes, he went to the wrong doctor. I mean, what the hell, I don't know what could have happened. Yes, the kid will give the update on his condition, but it wrotes. I just don't I just don't know. I'm blown away that something like this can happen. This is some Jesus stuff. This is Lazarus. Yes, there is a thing the Lazarus effect. Well, the name of the movie is a Lazarus effect. Yes, if you haven't seen a horror movie, it's kind of we got to go back and watch it today. Olivia Wilde, Yes, absolutely anyway. But this idea, this Lazarus phenomenon, it's they're so rare, these documented cases of auto resuscitation were people have been known to their heart stop and just after CPR on their own it's start again.
00:10:06
Speaker 1: Yes, but obviously, if you're in that situation, in that delicate balance between life and death, you would think if he were still alive, oxygen would have been pumped into his brain and his body and fluids would be in there just trying to bring back all of his organs to life. And what ended up happening five hours goes by more than five hours goes by the moment this transporter finds this little boy still breathing, he is immediately airlifted to a children's hospital, but they describe the situation as while he's being airlifted, his organs are shutting down. An initial MRI identified potential brain damage. Later they say there was none found. However, his family says because of this ordeal, he requires extensive therapy and will be he will require lifelong care. Isn't He isn't fully recovered back to normal, And the questions are could he have had a better shot at a normal life had he been given immediate medical attention.
00:11:06
Speaker 2: I bet that's coming up at trial. Yes, that's the question. How can you ever, I mean, can they ever? Are they ever going to be able to prove that had he gotten five hours worth of treatment, he wouldn't have ended up in the state he's in.
00:11:20
Speaker 1: They will certainly be How are.
00:11:21
Speaker 2: They going to prove that he was going to end up in this way? No matter what?
00:11:26
Speaker 1: This is going to be? Yes, a question for the courts, but we will point out right now and it doesn't appear as if this doctor is going to be facing any criminal charges. But he has retained an attorney, and the attorney did make a comment when obviously this is of significant interest to a lot of folks, so he's been getting a lot of inquiries, and the attorney made this statement. Out of courtesy to the family and patient confidentiality, we respectfully declined to make a statement at this time. I doubt that it's out of respect for the family. My apologies for calling that into question. This is about legal protection, which is understandable and right now. I thought this was interesting. I looked through several different media reports. It's unclear if doctor Tucy is still employed or if he has been placed on any sort of leave, pending an investigation from Dignity Health, which is where he worked and where the child was initially brought to. Dignity Health did not respond to media requests about the status of doctor Tuccy, so we don't know that. But when we come back, we will talk about another question. Will these parents now face charges because it turns out they were smoking marijuana when their child fell into the pool. Welcome back everyone to this episode of Amy and TJ. We are talking about a miraculous recovery, but a lot of questions about who's to blame. What went wrong when a one year old Childler fell into his family's pool while they were all enjoying the Super Bowl at a Super Bowl party. He's removed from being underwater after five minutes, declared pronounced dead by a doctor, and more than five hours later, is found alive in the morgue. Now the parents admit and admitted to smoking marijuana at the time their son fell into the water, and police reported smelling marijuana when they came to the home, and so they actually said that his parents were quote impaired by marijuana and or other mind altering substances. So right now the DA is considering pressing charges.
00:13:44
Speaker 2: Your thoughts, um, I don't know those circumstances, robes, Accidents happen. Accidents happened to good people and good parents who turn their back for something or for a moment. Take the marijuana out of the whole equation, and just there was a party going on. This parent thought another parent was correct, and this happened, we would look at it as an accident. I don't know why just inserting marijuana into the story now leads to some judgment about their parenting. So I want to pump the brakes on that. But it's hard to go about punishing folks who have been punished as much as they have with everything. They went ropes, They said goodbye to their child. Yes, they said bye and went home, and then got a call five or six hours later and said, oh, by the way, they've been through a lot ropes. They've been through it, and.
00:14:35
Speaker 1: Look, I also would ask these couple of questions. First of all, if they had just had a couple beers, would that be considered a charge as well because they had been drinking or they had had a little bit of alcohol? How much marijuana did they have? Did they smoke one joint? I mean, like, there are a lot of questions.
00:14:54
Speaker 2: And does that automatically lead to parental neglect? Exactly, you were high and then something happened, So that means it happened because you.
00:15:01
Speaker 1: Were high, right, And here's the deal. I also, he was underwater for five minutes, So I'm just saying how many times as a parent did you maybe not know, especially if you were at a party where your kid was for five minutes. I know he was one, so he's a little guy.
00:15:15
Speaker 2: Yeah, that's different.
00:15:16
Speaker 1: That's different if your eye on a kid, and if you have a pool, that is the whole other level. I remember just I never had a home with a pool when my kids were younger, but my mom and dad did, and every time we visited them, it was like your eagle eye trained on your kids. My mom had the doors locked, she had an alarm on the back door to the pool, just in case we knew if anybody opened a door and went outside. But look, I have personally covered a case almost identical to this. It was a mother's day party and a little two year old wandered out. Everyone thought someone else was watching him. He ended up drowning in the creek behind the home. There wasn't any allegation of marijuana or alcohol, but it only takes a few minutes for a child to wander away and drown and so within five minutes they found him. So look, I agree. I think that in this case, these parents are living with the nightmare that they have been living through and will continue to for the rest of their lives. By all accounts, based on the condition that the physical and medical condition this child is in and will likely remain in for the rest of his life, to put them in prison for this on top of it, for me, that's that's a difficult decision for the DA.
00:16:27
Speaker 2: It is but the DA is supposed to protect the victim, and the victim right now and his eyes is his child, yes, his or her eyes. I don't know who the prosecutor is, but it's just but I mean, is this a lesson to other parents or should the lesson be putting the parents in jail? Is that the bigger lesson that needs to be taught. Every parent has made a mistake. We've all every single parent listening can remember a time when your child was one to three and you had an old shit moment.
00:16:56
Speaker 1: Where's my child? I had it in an a mazy score with.
00:16:59
Speaker 2: Ava where there's danger involved. It's just these mistakes happen rolls. But when you have a one year old and when they're the pool in the back, no, every parent knows there is never a time that child should be out of your sight.
00:17:14
Speaker 1: And yes, and I think everything it knows you shouldn't be probably taking mind altering substances when you're having a party and you've got small children and a pool in the backyard. Now that so, by the way, the police did recommend they make their recommendations to the prosecutor that they believe the parents should face felony child abuse charge fellny Man felony child abuse charges. That is the recommendation by police.
00:17:39
Speaker 2: I didn't I didn't get to see the read The police report was pretty extensive. I didn't see all of it, but they went into mostly robes, not what happened at the hospital, but what happened at the home. Yes, so the police were look, the police investigation has to do with what happened to this child somebody else at the hospital. Y'all can deal with neglecting what you want to do with your doctor. But in their eyes robes, they have a child that has been permanently harmed. Who did it? And I could see why they're looking at the parents, They're looking at the behavior. What else was happening there was their reckless behavior where all the kids just running around and not being watched at all. We don't know that, but man, it's I'm pretty sure these this family is messed up right now. Oh my goodness, to think of them being getting hit with felony charges.
00:18:24
Speaker 1: On top of everything else. Now they are also planning, they've made this very clear, to pursue legal action against doctor Tuccy, against Dignity Health Mercy Gilbert Medical Center. Of course, that's the place where he was pronounced dead and was placed in the morgue. So they've already made it very clear that they are planning to sue both the doctor and the hospital involved in this. And that is clearly why doctor Tusey has already lawyered up. That makes a whole lot of sense here, But there is more to come, and we will obviously keep our eye in the situation if charges are filed against these parents. But just one of those stories is that yes, does have a miracle or a miraculous ending in place. But the question is was he alive the whole time? Was he how long was he gone? There are still a lot of questions that need to be answered, and so we'll continue to follow this story.
00:19:14
Speaker 2: Oh no, just I'm just thinking about that whole Lazarus thing again. They don't have cases where for somebody's heart stopped and they came back five hours later. No, they don't have those.
00:19:24
Speaker 1: And if there was already unnoticeable pulse and breathing, that was it. Yeah, that's that. Matt is scary and what could have occurred during those five hours. It could have changed the course of his life.
00:19:40
Speaker 2: It's sad, little guy. I know, nobody helping them in this cold room. Don't have that helped all.
00:19:52
Speaker 1: I know. I know we will keep our eye on this one indeed, But in the meantime, thank you all for listening to us. I'm made me roboch alongside you. J Holmes, we'll talk to you soon.