The husband of influencer Emilie Kiser will not face charges in the drowning death of the couple's 3-year-old son, the Maricopa County Attorney’s Office has announced.
Police in Chandler, Arizona, recommended earlier this month that Brady Kiser face a felony charge of child abuse in the drowning death of his son Trigg in May, but the local county attorney's office has final say in whether charges are actually brought.
Maricopa County Attorney Rachel Mitchell confirmed in a statement on July 25 that Brady Kiser will not be charged, saying there is "no reasonable likelihood of conviction."
"In order to convict a person of this charge, the state has to prove beyond a reasonable doubt to a unanimous jury that the person failed to perceive a substantial and unjustifiable risk, and that failure to perceive the risk was a gross deviation from the standard of care a reasonable person would show," Mitchell said in a statement. "Every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction.'"
The statement continued, "After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard."
Influencer Emilie Kiser's 3-year-old son dies following drowning incidentMitchell noted that surveillance video "showed how the drowning occurred and the actual timeline of events."
Brady Kiser's attorney told ABC News in a statement Monday that he continues to grieve the loss of Trigg.
"We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," the attorney, Flynn P. Carey, said in a statement. "Brady remains in the midst of the grieving process and is thankful to be with his family as they heal together. We appreciate the compassion and support shown during this difficult time."
The boy's mother and Brady Kiser's wife, Emilie Kiser, is a social media influencer with over 1 million followers on Instagram and over 4 million followers on TikTok. She gave birth to a second child, another son, in March, according to her social media posts.
Brady Kiser was home alone with the couple's two sons in May when Trigg drowned in the family's backyard pool, according to Mitchell's statement.
The Chandler Police Department told ABC News in May that authorities received a call on May 12 around 7 p.m. regarding a drowning. When police responded to the Kisers' home, officers started CPR on a child.
The child was then transported to a local hospital before being taken to Phoenix Children's Hospital in critical condition, according to police.
Child abuse charge recommended in drowning of influencer Emilie Kiser's son: PoliceThe boy died the next day, police said.
"Our thoughts and deepest condolences are with the child's family and loved ones during this unimaginable time," the police department said in a statement at the time.
Emilie Kiser has not posted publicly to social media since her eldest son's death.
