A former San Jose daycare co-owner whose negligence led to the deaths of two toddlers was convicted Tuesday of felony child endangerment, the Santa Clara County District Attorney’s Office said.
Shahin Gheblehshenas, 67, was found guilty by a jury of leaving the gate to a backyard pool open, which led to the drowning deaths of two toddlers and left another child in critical condition.
Nina Fathizadeh, 43, who co-owned Happy Happy Daycare with her mother, pleaded guilty earlier this year to 10 felony charges. Both defendants face more than 10 years in prison for their role in the deaths of two young girls, prosecutors said.
On October 2, 2023, Gheblehshenas had gone to another unlicensed daycare located at her daughter’s residence, leaving the children at Happy Happy Daycare under the sole supervision of Fathizadeh. One daycare worker had called in sick, so the children were being watched by only one person.
According to prosecutors, at about 9 a.m., Fathizadeh called 911. She had been inside making breakfast with one child in a highchair and three of the children into the rear patio play area, out of her sight.
“When Fathizadeh went into the yard, several minutes later, she found one of the children floating in the pool,” said prosecutors. “As she attempted CPR, her brother – at home and now alerted to the emergency – found two other children, under 2-years-old, floating unconscious in the pool.”
The 16- and 18-month-old girls were later pronounced dead from drowning.
An investigation found the gate to the pool had been propped open, allowing the toddlers to enter the pool. Neither owner had checked the gate before the children were let into the backyard even though it was known that it had been propped open several times before to water some plants.
Gheblehshenas will be sentenced on May 22.
Fathizadeh faces an additional nine years in prison for her reckless driving with seven unsecured toddlers on a field trip outing from the daycare. She is also expected to be sentenced on May 22.