For the first time since the 2023 day care drowning deaths of two toddlers that stunned San Jose, a member of the day care operators’ family is sharing a firsthand account of the traumatic rescue attempt and pleading for mercy for his family as sentencing approaches.
The incident unfolded on the morning of October 2, 2023, at Happy Happy Daycare, an in-home center licensed in 2021 and run by Shahin Gheblehshenas and her daughter, Nina Fathizadeh. That day, three toddlers wandered into a backyard pool. Two children, 16-month-old Payton Cobb and 18-month-old Lillian Hanan, died. A third child survived after being hospitalized in critical condition.
Payton Cobb, 16 months old (left) and Lillian Hanan, 18 months old (right)
Sina Fathizadeh was staying with his mother and said he was inside when he heard his sister’s frantic screaming.
“She was just screaming so loud,” he said. “At first, I didn’t know what was going on.”
Sina Fathizadeh speaks to investigative reporter Hilda Gutiérrez about what he experienced the day of the drownings at his mother’s home.
The cries were loud enough that neighbors called 911. When Sina reached the living room, he said his sister was performing CPR on one child while calling for help and telling him to check the backyard for the other children.
“I didn’t see them at first,” he said. “I checked both sides, came back, grabbed the pool cover, pulled it back, and that’s when I saw one of the kids. I reached in and pulled them out.”
Sina Fathizadeh describes how he pulled two children from the swimming pool and performed CPR
Investigators later determined the pool gate had been left open, allowing the toddlers, who had been playing unsupervised, to enter the pool area. Nina was inside preparing breakfast at the time.
According to the Santa Clara County District Attorney’s Office, Nina had been left in charge that morning after an assistant called out, and while her mother went to a nearby unlicensed day care the pair was also operating.
Prosecutors described the drownings as part of a broader pattern of negligence. Evidence presented in court included testimony from a day care assistant and a photograph that allegedly showed the pool gate had been left open before.
Both women surrendered to police on October 13, 2023, and were charged with felony child endangerment resulting in death or great bodily injury. Nina also faced additional felony counts related to transporting children without proper car seats, based on evidence discovered on her cellphone during the investigation.
Nina Fathizadeh entered a guilty plea just as trial was set to begin. Shahin Gheblehshenas was later convicted by a jury on three counts of child endangerment.
Daycare owners Nina Fathizadeh (left) and Shahin Gheblehshenas (right) were arrested on October 2023 on felony child endangerment charges
During the trial, one parent testified that she dropped off her child that morning after one toddler had already been pulled from the pool and paramedics were on the way. She said she was not warned about the emergency, and Nina accepted her child at the door without notifying her of what was unfolding inside.
Nina’s defense attorney R.J. Manuelian acknowledged his client’s mistakes but argued the deaths were the result of a tragic accident rather than intentional wrongdoing. He also cited Nina’s mental health, saying she suffered from post-traumatic stress that contributed to a delayed response. He unsuccessfully filed a mental health diversion request, asking for Nina to receive mental health treatment instead of prison time.
As sentencing nears, Sina said his family is grappling with the consequences and is asking for leniency.
“I definitely see the negligence,” he said. “But I don’t think the punishment for it is prison.”
He said his family in already suffering the consequences. His mother suffered a heart attack, his father has been diagnosed with stage 4 cancer, and his sister has shown what he called profound remorse, including suicide attempts, a claim also raised by the defense.
But at least one victim’s family has questioned the timing and sincerity of those expressions.
Sina said he felt compelled to speak publicly to explain what happened and apologize to the victims’ families.
“I am sorry for their loss,” he said. “I hope they can find some peace.”
Sina Fathizadeh apologizes to victims’ families
Investigative reporter Hilda Gutiérrez interviews Sina Fathizadeh, Nina’s brother and Shahin’s son
Both defendants were out of custody on bail until their convictions earlier this year. Nina faces up to 23 years in prison, while Gheblehshenas faces up to 10 years. Their sentencing is scheduled for June.
The case has prompted changes in California law. In the wake of the drownings, the state enacted stricter pool safety requirements for licensed child care facilities, including additional pool barriers, such as an alarm or hard cover, and mandatory documented daily safety checks.
A civil lawsuit filed by the victims’ families is pending.
During court proceedings, Judge Paul Bernal described the case as a “terrible tragedy” in which “everybody loses,” and said Nina’s guilty plea could be taken into account during sentencing.
To contact investigative reporter Hilda Gutierrez, email hilda.gutierrez@nbcuni.com