Arizona’s Family (3TV / CBS 5) published July 9, 2026: Who's liable in mistaken toddler death case? Attorney weighs in. A doctor pronounced an Arizona boy dead by drowning, with body camera footage capturing the time of death recorded as 6:20 p.m. Hours later, at 11:52 p.m., a medical examiner transporter arrived at Mercy Gilbert Medical Center to retrieve the body and found the child alive — breathing and with a pulse.
According to Gilbert Police, the child’s parents, responding officers and at least one nurse at Mercy Gilbert Medical Center alerted Dr. Aryan Toosi to signs of life before the child was moved to the morgue. Body camera audio captured the doctor’s response to those concerns.
ABC15 Arizona published July 1, 2026: Toddler found alive in hospital morgue after being pronounced dead by AZ doctor. An Arizona toddler was found breathing inside a Gilbert hospital morgue after being declared dead hours earlier by an Arizona doctor, according to police records. A police report and body camera video reviewed by the ABC15 Investigators show that two Gilbert police officers saw signs of life multiple times, but the toddler was still taken to the hospital’s “cold room,” which is also considered to be the morgue. One officer wrote in the police report that the baby was pronounced dead “in error” by the Mercy Gilbert doctor even after a tense exchange about a pulse possibly being detected.
12 News July 2, 2026: New video sheds light on Arizona toddler declared dead, later found alive in morgue. The toddler is expected to survive, according to Gilbert police.
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12 News, Arizona local
written by Gabriella Bachara (KPNX)
Friday July 3, 2026
GILBERT, Ariz. — An Arizona toddler was declared deceased for five hours before being found alive in a hospital morgue, according to police in Gilbert, Ariz.
Police records newly obtained by KPNX reveal a clearer timeline of what happened.
According to the police report, the toddler was found face down in a backyard pool around 5:30 p.m. Feb. 8, which happened to be the day of the Super Bowl.
Officers accompanied the child to Mercy Gilbert Medical Center, where doctors and nurses took over lifesaving efforts.
The doctor declared the child dead at approximately 6:20 p.m.
“If there’s no objections, I’d like to call time of death," the doctor could be heard saying on a police officer's body-worn camera video. “Time of death 18:20. Moment of silence.”
Several people, including the child's parents and police officers, expressed concerns that the child was still breathing after he was declared dead.
One officer said it sounded like the child was gasping for air. A nurse said it was agonal breathing, or not true breathing.
The child was transported to the hospital morgue about an hour later, where signs of life were still apparent, according to the police report.
A transporter with the Maricopa County Medical Examiner's Office later found the child to be breathing, and he was transported to another hospital.
A spokesperson with Mercy Gilbert Medical Center shared the following statement:
"This is a heartbreaking situation. We immediately conducted a thorough review of all aspects of the care that was provided to learn what happened and to make meaningful changes to strengthen our care. Out of respect for the patient's privacy, we cannot discuss details. We continue to work with the family and their representative. Patient safety and exceptional care is our highest priority."
According to police records, the child is expected to survive.
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ABC15 News, Arizona local
written by Nicole Grigg and Ashley Holden
Wednesday July 1, 2026
GILBERT, AZ — An Arizona toddler was found breathing inside a Gilbert hospital morgue after being declared dead hours earlier by an Arizona doctor, according to police records.
A police report and body camera video reviewed by the ABC15 Investigators show that two Gilbert police officers saw signs of life multiple times, but the toddler was still taken to the hospital’s “cold room,” which is also considered to be the morgue.
One officer wrote in the police report that the baby was pronounced dead “in error” by the Mercy Gilbert doctor even after a tense exchange about a pulse possibly being detected.
The 18-month-old was rushed to Mercy Gilbert Medical Center after he was found inside the family’s pool on Super Bowl Sunday in February.
It has taken months for the Gilbert police to release public records related to the near-drowning.
The ABC15 Investigators reviewed a half dozen body camera videos, including videos from the initial drowning scene and videos inside the hospital. Most of the videos are heavily blurred, and most of the audio has been muted, but one critical moment was captured between the doctor and the officer.
According to the police report, the officer wrote that a nurse in another room said: “I have a pulse.”
The officer wrote that when he tried to alert the doctor who was with the family in another room, the doctor appeared to dismiss the concerns, “[The doctor] arrogantly told me he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing.”
Records show that shortly after that exchange, the doctor went on to declare the baby dead.
Over the next hour, two Gilbert police officers continued to document signs of life in their police report.
One officer wrote, “The release of air was audible and visible,” later writing, “It also began to sound like [redacted] was gasping for air.”
The report goes on to say that when medical staff went to move the boy’s body to the morgue, the officer wrote that she “observed what appeared to be another audible gasp.”
That was not the last time she heard signs of life, either.
While inside the morgue, the officer said, “I again observed what appeared to be a gasp or air release, which was now almost an hour later.”
A nurse who was there said those sounds could be a response to efforts to save the toddler.
Some of the last audio recordings heard on the body camera videos were of an officer telling the family that they could say goodbye.
The report says, hours later, at 11:52 p.m., the Medical Examiner's transport showed up and found the toddler was breathing inside the hospital morgue. He was then flown to Phoenix Children's Hospital for treatment.
An MRI said that the baby had brain damage, and we are told he will need lifelong care.
An attorney representing the family declined to comment.
Mercy Gilbert said in a statement, “This is a heartbreaking situation. We immediately conducted a thorough review of all aspects of the care provided to learn what happened and to make meaningful changes to strengthen our care. Out of respect for the patient's privacy, we cannot discuss details. We continue to work with the family and their representative. Patient safety and exceptional care is our highest priority.”
About the doctor
The Gilbert police report lists the doctor as “Dr. A. Toosi” and records show he is a licensed physician in Arizona.
Records show that Dr. Aryan Toosi, DO is licensed through the Arizona Osteopathic Board.
The ABC15 Investigators reached out to Dignity Health to see if Dr. Toosi is still employed with the hospital but a spokesperson would not comment.
In an email, a spokesperson wrote, “We are unable to comment on specific personnel. Like many hospitals, we have both employed and independent physicians who are affiliated with our facilities.”
An attorney who represents Dr. Toosi said they decline to comment at this time, but said there is much more to this case and that there are important medical facts that have not been reported.
The Gilbert Police Department sent the case to the Maricopa County Attorney’s Office to review whether the parents will face charges in connection with the drowning.
A spokesperson for MCAO said they received a submittal in early June and it is still under review.
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