TikToker Emilie Kiser's husband was watching Knicks-Celtics game and placed bet before 3-year-old son drowned, cops allege
Emilie and Brady Kiser's son, Trigg, died on May 18 after he was found in their family's backyard pool six days earlier. Now, a Chandler, Arizona police report released Friday claims Brady was watching an NBA playoff game and had placed a bet leading up to the drowning.
The day of the drowning, Emilie was out with friends while Brady was at home, watching Trigg and his one-month-old brother, according to the police report. Brady said he lost sight of Trigg for about 'three' or 'five' minutes, the report indicates.
"I didn't have a clock, obviously, I don't know the exact time, but it was moments, it wasn't minutes it was moments, it wasn't that he had been out of sight for long,' Brady told police.
Police then reviewed video footage of the incident, which revealed Trigg was 'in the backyard unsupervised for 9 minutes, and in the water for about 7 of those minutes,' the report says.
Leading up to the drowning, Brady told police he wasn't on his phone. Brady also noted that there was an NBA game on the TV, but he wasn't focused on it, according to the report.
When officers arrived at the home, a playoff game between the Boston Celtics and the New York Knicks was on TV, the report says.
'He insisted that he wasn't on his phone, and even though the basketball game was on the TV, 'it's not where my focus was, it was on my baby,'' police wrote.
Officials also discovered Brady had placed a $25 wager through DraftKings on Boston Celtics player Jayson Tatum scoring over 40 points. He placed the bet at 5:14 p.m. local time, more than an hour before police responded to reports of Trigg drowning, according to the report.
Brady told police he last saw Trigg in the backyard through a window, walking 'from that area in the grass up on the elevated portion where the hot tub was at,' the report says. Brady then told police he left to get a drink, and when he came back to see where Trigg was, he found him in their pool. Brady rescued Trigg from the pool and performed CPR, he told police.
There is 'no evidence' that suggests Brady saw his son in the pool and failed to act.
'On the contrary, he acted immediately when he saw him, leaving his infant swaddled on the ground in the patio area,' the police report reads.
The officer who wrote the report said he was still submitting the case to prosecutors so they could determine whether Brady should be charged with felony child abuse. The officer argued Brady 'knew the pool net was not on the pool,' and that he 'knew [Trigg] was in the backyard and couldn't swim.'
The officer also noted that video footage allegedly showed Trigg was out of Brady's sight for longer than he told police.
'Brady's statements do not match what is seen on the video; he did not accurately describe one thing [Trigg] did after he went outside,' the officer wrote. 'This leads to the conclusion that Brady was not aware of what [Trigg] was doing and was not watching him. The combination of these factors led to [Trigg] drowning, and a remedy to any of the contributing circumstances could have prevented the outcome.'
The Independent has contacted Brady's attorney for comment.
However, Maricopa County Attorney Rachel Mitchell confirmed last month that Brady won't be charged because there is not a 'reasonable likelihood of conviction.'
"We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," Brady's attorney, Flynn P. Carey, said in a statement to ABC News. "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."
Emilie previously asked a judge to block two pages of the police report that included details about her son's death. The judge sided with her ahead of the report's release.
Matthew Kelley, an attorney for the local outlet The Arizona Republic, previously argued the redacted information was key for the public to see, People reports.
"The section of the report Ms. Kiser seeks to redact contains information and context that is critical to provide the public a reasonably full understanding of the investigation of the drowning, the police department's decision to recommend criminal charges and the county attorney's decision not to pursue criminal charges," Kelley said.
Emilie's attorney, Shannon Clark, told E! News she is 'grateful' for these redactions.
'These redactions do not alter any material facts of the accident, but they protect the dignity of a little boy whose memory should reflect the love and light he brought to the world,' Clark said Friday.
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