A police report details staff concerns before a toddler was later found breathing.
GILBERT, Ariz. — A police report on a Gilbert toddler found alive after being declared dead has shifted attention to hospital procedures, staff warnings and a pending review of the child’s parents.
The 18-month-old boy was pulled from a backyard swimming pool on Feb. 8 during a Super Bowl gathering. Police records say he had been face down in the water for about 10 to 15 minutes before relatives began CPR. First responders took him to Mercy Gilbert Medical Center, where a doctor pronounced him dead at 6:20 p.m.
The report says a nurse told others she had found a pulse as the doctor moved to notify the parents. An officer wrote that he alerted the doctor, who rejected the concern and told staff to stop lifesaving efforts because of the child’s condition. Several nurses left the emergency room in tears after the time of death was called, according to the police account.
The child’s parents and officers later reported seeing or hearing gasping. Nurses described the gasps as agonal breathing. About an hour after the death call, an officer reported hearing another gasp. The child was later moved to the morgue. Just before midnight, medical examiner staff arrived and found the toddler was still breathing.
The boy was flown to Phoenix Children’s Hospital after he was found alive. Police later said he had been released from the hospital and may have brain damage. Earlier reporting said an emergency medicine physician called the circumstances highly unusual and said a very cold child can have a faint pulse that is difficult to detect.
Dignity Health said it immediately reviewed all aspects of the care provided and made changes meant to strengthen care. The hospital said patient privacy rules prevent it from discussing details. The doctor involved is not facing criminal charges, but the report has left public questions about how the death pronouncement was made and what hospital staff did after concerns were raised.
The legal focus now includes the child’s parents. Police records say both admitted smoking marijuana and said they were not watching the toddler closely during the party. The case is under review by the Maricopa County Attorney’s Office for possible child abuse charges. Prosecutors had not announced a decision as of Friday.
The boy’s condition, the hospital’s exact policy changes and any prosecutor decision remain the next major developments. For now, the public record shows a near-drowning, a disputed hospital death call and a child later found alive in a morgue.
Author note: Last updated July 3, 2026.