Overview
- Maricopa County attorneys announced Wednesday that they will not file child-abuse or negligence charges against Angelo and Alexus Fiordilino because senior prosecutors concluded the facts do not meet the office’s standard of a reasonable likelihood of conviction.
- The child wandered into the family pool and was taken to Mercy Gilbert Medical Center on Feb. 8, where an ER physician pronounced the 18-month-old dead about an hour after arrival and the child was later discovered breathing in a hospital morgue several hours afterward.
- Gilbert police had recommended charges and their reports say officers and nurses repeatedly noted possible signs of life and warned the attending doctor, who is recorded in police accounts as dismissing those observations during tense exchanges.
- Mercy Gilbert says it conducted an internal review of care provided and public licensing records show no prior disciplinary actions for the physician identified in reports as Dr. Aryan Toosi.
- The family’s attorney says the child will need lifelong care and is preparing civil claims against the hospital and doctor, a move that could trigger further institutional changes, hospital policy reviews, and scrutiny of clinical pronouncement protocols.