California woman convicted after toddlers drown at unlicensed day care

A jury in Santa Clara County convicted 67-year-old Shahin Gheblehshenas on three felony counts of child endangerment after two toddlers drowned in the pool at her unlicensed San Jose day care. The panel deliberated for just two hours following a three-week trial. Her daughter, who co-owned the facility, had already pleaded guilty to similar charges.

Shahin Gheblehshenas faces more than 10 years in prison after the verdict, announced by authorities on Wednesday. The convictions relate to an October 2023 incident at her San Jose home, where multiple toddlers accessed an unsecured backyard pool and fell in while unsupervised. Two children, 18-month-old Peyton Cobb and 16-month-old Lillian Hanan, died despite resuscitation efforts at hospitals. A third child survived. Sentencing for Gheblehshenas and her daughter, Nina Fathizadeh, is set for May 22. Fathizadeh, 43, faces additional time for reckless driving involving unsecured toddlers on a field trip. On the morning of the drownings, Gheblehshenas left for an appointment and another day care site, aware that a worker had called in sick, leaving Fathizadeh as the sole caregiver. Prosecutors noted Gheblehshenas knew her husband sometimes left the pool gate open but failed to check it before opening the day care. Fathizadeh directed children to the backyard, observed the propped-open gate blocked by a drying rack, but did not secure it before stepping away to the kitchen. She later found one boy floating in the shallow end and performed CPR. Her brother then discovered the other two children in the deep end and called emergency services. The trial featured testimony from more than 30 witnesses. Santa Clara County District Attorney Jeff Rosen stated, 'These defendants had the ultimate responsibility to care for these little ones and they criminally failed. These small children tragically paid for this inattention and incompetence with their lives. We can't bring them back. All we can do is pray for their families to find some peace in the knowledge that there will be accountability.' Prior scrutiny had focused on staffing and supervision at the unlicensed facility.

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