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.
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…