A judge has sentenced the mother-daughter co-owners of a South San Jose in-home daycare to years in prison for the criminal negligence that led to the fatal drownings of two unattended toddlers in a backyard pool in October 2023. Another child was left in critical condition at Happy Happy Daycare, the business owned and operated by Shahin Gheblehshenas, 67, and her daughter, Nina Fathizadeh, 43.
The pair were sentenced on June 5 by Superior Court Judge Paul R. Bernal in the Hall of Justice in San Jose.
Gheblehshenas was sentenced to eight years after being found guilty in March following a three-week trial and two hours of jury deliberations. Fathizadeh was sentenced to 13 years and four months after pleading guilty just before her trial was set to begin.
According to prosecutors, 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. At approximately 9 a.m., Fathizadeh called 911.
The San Jose Police Department learned that four children were present at the time, with another on the way. One daycare worker had called in sick, leaving only one person to watch the children.
While making breakfast, Fathizadeh left one child in a highchair and allowed three children into the rear patio play area beside a pool—unsupervised and out of her sight. She did not check and notice that the gate separating the pool from the play area had been left open.
When Fathizadeh went into the yard several minutes later, she found one child floating in the pool. As she attempted CPR, her brother, who happened to be there at the time, discovered two other children, both under 2 years old, floating unconscious in the pool.
The 16-month-old and 18-month-old girls were later pronounced dead from drowning.
An investigation revealed that the gate to the pool had been propped open, allowing the toddlers to enter the pool area. Neither owner had checked the gate before the children were let into the backyard, even though it was known that the gate had been propped open several times before to water plants.
District Attorney Jeff Rosen stated, "The care of small children – our own and others – comes with deep responsibility and requires close attention. This case tragically shows the difference between proper care and criminal negligence."
A family member of the 16-month-old victim, Lily, wrote to the judge: "Every Sunday, instead of spending time with Lily at Little Gym, we visit her grave. We put stones down and play her favorite songs, Mr.
Sun and Baby Beluga. And then we leave without her.
Happy Happy Daycare did something else to us too. It damaged the words 'happy' and 'happily ever after.' Now we hear 'happy' and think of the place where Lily was killed."