The Brief

Nina Fathizadeh, 43, was sentenced to 13 years in prison, while her mother, Shahin Gheblehshenas, 67, received an eight-year sentence in connection with the drowning deaths of two toddlers.

The children gained access to a backyard pool after a gate was left propped open, and investigators said the toddlers were unsupervised near the water.

Two girls, ages 16 and 18 months, died after being found unconscious in the pool on Oct. 2, 2023. A third child survived but was hospitalized in critical condition.

SAN JOSE, Calif. – A San Jose woman and her mother, who owned and operated a daycare where two toddlers drowned, were sentenced Friday for their roles in the children’s deaths.

Nina Fathizadeh, 43, co-owner of Happy Happy Daycare, was sentenced to 13 years in prison after being convicted earlier this year of felony child endangerment. Prosecutors said her negligence led to the drowning deaths of two toddlers who were left unattended near a backyard swimming pool. A third child survived.

Her mother, Shahin Gheblehshenas, 67, was sentenced to eight years in prison. A judge denied probation for both women.

What happened

What we know

On Oct. 2, 2023, Gheblehshenas left Happy Happy Daycare to go to another unlicensed daycare operating out of her daughter’s home, leaving Fathizadeh solely responsible for the children at the facility.

One daycare worker had called in sick that morning, leaving only Fathizadeh to watch the children.

At about 9 a.m., Fathizadeh called 911 after discovering a child floating in the backyard pool. According to prosecutors, she had been inside making breakfast with one child in a high chair while three others were in the rear patio play area, out of her sight.

When she went into the yard several minutes later, she found one child in the water. As she attempted CPR, her brother, who was home at the time and alerted to the emergency, found two other children, both under 2 years old, floating unconscious in the pool.

The girls, ages 16 months and 18 months, were later pronounced dead.

Investigation findings

Dig deeper

Investigators determined the pool gate had been propped open, allowing the toddlers access to the pool area.

Authorities said neither Fathizadeh nor Gheblehshenas checked the gate before allowing the children into the backyard, despite knowing it had been left open on previous occasions to allow access for watering plants.

The Source

This story was written based on information from a sentencing hearing for the defendants along with previous reporting.