Emilie Kiser's Husband Brady Won't Be Charged with Felony Child Abuse in Son's Drowning, Despite Police Recommendation
Emilie Kiser's husband Brady will not face child abuse charges in the death of their 3-year-old son, Trigg.
The Maricopa County Attorney's Office announced the decision in a statement on Friday, July 25, and said that there is "no likelihood of conviction" against Brady.
"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 MCAO continued in part. "After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard. MCAO's review of the case involved the attorneys assigned to it, along with highly experienced senior attorneys and the County Attorney herself."
'We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," Kiser's attorney Flynn Carey says in a statement shared with PEOPLE. "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.'
On May 18, a spokesperson for the Chandler Police Department (CPD) confirmed to PEOPLE that Trigg died six days after he was hospitalized for a drowning accident in the Kisers' backyard. Authorities responded to a drowning call on May 12. The toddler died on May 18, per the statement.
On Tuesday, July 15, Chandler police announced that their investigation into Trigg's death was completed. The department shared an update to X, which also detailed investigators' recommendation that Brady be tried for a class 4 felony charge of child abuse.
The referral came nearly two months after AZ Central reported that Brady told police he was at home with Trigg and their newborn son, Theodore, when the older child fell into the pool. Emilie was out with friends at the time of the tragedy, Brady stated.
He said he lost sight of Trigg for three to five minutes; upon returning to their yard, he discovered the toddler floating in the pool, according to CPD search warrant applications.
Emilie — who has 1.7 million Instagram followers — filed a lawsuit on Tuesday, May 27, in Arizona Superior Court for Maricopa County to keep records about Trigg's death out of public view, according to court documents.
https://people-app.onelink.me/HNIa/kz7l4cuf
The filing stated that the City of Chandler and the Maricopa County Medical Examiner's Office has received over 100 requests for access to public records related to the incident.
On June 3, the Arizona Superior Court for Maricopa County ruled in the influencer's favor on a separate motion, she filed to keep her personal declaration private. The court order granted Kiser temporary confidentiality on both her declaration and her larger request for privacy while the court reviews evidence to make a final ruling.
A source told PEOPLE exclusively that Kiser's personal declaration "reflects an intensely personal account of her grief and trauma, submitted to help the court understand her perspective — not for public consumption."
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