Brady Kiser, the husband of influencer Emilie Kiser, will not be charged in the drowning death of their 3-year-old son, Trigg, the Maricopa County Attorney's Office announced last Friday (July 25) in a news release.
Earlier this month, local authorities recommended a Class 4 felony charge of child abuse against Brady, however, an investigation by the Maricopa County Attorney's Office determined that there was insufficient evidence against him.
“Maricopa County Attorney Rachel Mitchell announced today that Brady Kiser will not be charged in the drowning death of his son because there is no reasonable likelihood of conviction,” the Maricopa County Attorney's Office said. “Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events.”
“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,” the statement added.
“After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard,” the office continued. “Given a court order, no additional details can be discussed at this time.”
Last month, Emilie Kiser, 26, who wasn't home at the time of her son's drowning, filed a lawsuit against multiple Maricopa County public offices amid an ongoing investigation into his death.
"With her motion, Emilie Kiser is urging the court to keep private the footage and records related to her young son’s death - a deeply personal, and reasonable, plea to prevent the public release of the most traumatic moment of her life," the source told PEOPLE.
More than 100 public records requests were filed with the city of Chandler and Maricopa County Medical Examiner's Office since the news of Trigg's death, which was ruled as accidental, according to the lawsuit. Kiser, however, was reported to have never viewed any records requested, the police report, security camera footage, body camera footage or autopsy reports.
Trigg was initially found unresponsive and succumbed to injuries that had previously left him hospitalized in critical condition on May 12. Authorities said they wouldn't release any additional details about the child's condition out of respect to the Kiser family's privacy while extending their sympathies publicly amid the ongoing investigation.
The Chandler Fire Department had previously told Arizona's 12 News that a 3-year-old boy was in critical condition on May 14, but hadn't revealed his name publicly. First responders arrived at Kiser's home and performed lifesaving efforts immediately after finding the child unconscious.
Trigg was rushed to a nearby medical facility, where he was later airlifted to Phoenix Children's Hospital.
Kiser has amassed more than 3.1 million followers on TikTok and 1.2 million followers on Instagram by sharing videos of her daily life. Many of her followers suspected something was wrong when they noticed she had recently stopped sharing posts on social media, especially after she failed to respond to their concerns.
Kiser and her husband announced Trigg's birth in July 2021 and recently welcomed a second son, Teddy, earlier this year.
"Love my boys🥺🦋 Hope everyone had the best Easter🐇," Kiser wrote in a photo of herself, her husband and their two sons on Easter Sunday (April 20).