Emilie Kiser's hubby to face criminal charges in drowning death of son Trigg? Maricopa County Attorney's statement here
The Maricopa County Attorney's Office in Arizona made the announcement on Friday, almost two weeks after Chandler Police suggested filing a felony child abuse charge in relation to the May 12 incident. According to officials, Brady was at home when Trig entered the backyard pool and was discovered unconscious.
Maricopa County Attorney takes decision on charges recommended against Brady Kiser
'Every case submitted to the Maricopa County Attorney's Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction,' said Maricopa County Attorney Rachel Mitchell in a statement, Daily Mail reported.
'After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard.'
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A search warrant affidavit states that Brady admitted to investigators that he was preoccupied with the couple's newborn son, Theodore, and didn't see Trigg for a while. However, he found his 3-year-old unconscious in the pool when he looked for him. He then dialed 911.
Officials claimed that surveillance footage from the house demonstrated how the drowning happened, but no other information was made public.
In order to bring a child abuse allegation, prosecutors stressed that they would have to demonstrate that Brady failed to foresee a substantial and unacceptable risk and that his acts were a 'gross deviation from the standard of care a reasonable person would show.'
Brady Kiser's lawyer issues statement
According to a statement from his lawyer, Flynn Carey, his client is fortunate that the matter was carefully examined and determined as an unfortunate accident.
'We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident.'
Carey further asserted that Brady is still in the middle of his grief journey and is grateful to be with his loved ones as they heal together.
'We appreciate the compassion and support shown during this difficult time,' he added.
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