By admin 
GILBERT, AZ (AZFamily) — Gilbert parents will not face criminal consequences after their 18-month-old son nearly drowned at a Super Bowl party and was later found alive in a hospital morgue more than five hours after a doctor declared him dead.
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The Maricopa County Attorney’s Office (MCAO) said Wednesday that prosecutors will not pursue charges against the couple.
An MCAO spokesperson said the family had multiple childproof locks and safety measures during the party before the toddler was found face down in the pool. Prosecutors said multiple adults were home, and all of them believed someone else was watching the child.
“To file charges, the state would need to prove beyond a reasonable doubt to a unanimous jury that the parents failed to recognize a substantial and 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 have done under the same circumstances,” the spokesperson said.
After reviewing the case, it was determined there was not a “reasonable likelihood of conviction,” the spokesperson said.
Last month, Gilbert police recommended child abuse charges for both parents. The police report said the mother and father admitted to smoking marijuana and not watching their son closely during the party.
According to the police report, the toddler had been floating face down in the pool at a home near Higley and Chandler Heights roads for approximately 10 to 15 minutes around 5:30 p.m. on Feb. 8 before being found.
The boy was rushed to the hospital, where he was pronounced dead at 6:20 p.m.
Five hours later, around 11:30 p.m., as the doctor went to notify the parents of their son’s death, a nurse said, “I have a pulse,” the police report said.
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When an officer told the doctor, the doctor brushed the officer off, saying he was the doctor and to “let him do his thing,” the report said.
The parents and police said the boy appeared to be gasping for air. An hour after the boy was declared dead, an officer heard another gasp.
The boy was taken to the morgue. Just before midnight, medical examiner’s staff arrived to transport the body and found he was still breathing. He was then flown to Phoenix Children’s Hospital.
The boy has since been released from the hospital, and the family’s attorney said he will require lifelong medical care.
While the doctor who made the error is not facing criminal charges, he could face civil action.
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