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Attorney who holds Emilie Kiser's husband's fate in her hands speaks out after son drowned in pool on his watch
Attorney who holds Emilie Kiser's husband's fate in her hands speaks out after son drowned in pool on his watch

Daily Mail​

time2 days ago

  • Daily Mail​

Attorney who holds Emilie Kiser's husband's fate in her hands speaks out after son drowned in pool on his watch

The attorney who will decide the fate of a mommy influencer's husband over the drowning death of their son has said that 'not every tragedy is a crime.' Emilie Kiser, a 26-year-old popular mommy blogger, lost her three-year-old son Trigg on May 18 - nearly a week after he was found unresponsive in their pool in Chandler, Arizona. She was not home at the time, but her husband and Trigg's father, Brady Kiser, 28, was there watching their toddler and newborn son Teddy. After paying attention to Teddy, taking his eyes off Trigg for a mere three to five minutes, Brady found his first born lifeless in the water. The Chandler Police Department said they are recommending a felony charge of child abuse be brought against Brady - but that decision is ultimately up to Maricopa County Attorney Rachel Mitchell. On Thursday, Mitchell said it would take time before her office decides whether or not to prosecute - adding that there is often a lot of 'misunderstanding' in these types of cases. 'People need to understand that not every tragedy is a crime,' Mitchell said during a press conference, making it clear that she was not speaking to the specific case, but similar instances. 'I mean, it's heartbreaking. My heart goes out to the situation, but there's a difference between civil negligence - where you can sue somebody - and criminal negligence - where you can prosecute someone. 'Civil negligence means that someone's carelessness results in harm to another person,' she added. 'Criminal negligence is totally different, and that's what we're looking for, that's what we have to have to file charges in this case.' Mitchell specified that her office would have to show that Brady failed to identify 'substantial and unjustifiable risk' that a 'reasonable person would observe.' The attorney compared criminal negligence to someone who drives past flash flood warnings and ends up in a wash with a child in the car with them. When asked what her 'threshold' is for charging 'a parent that loses a child,' Mitchell told a reporter: 'Well, the basic threshold, obviously, is what the law requires.' She went on to speak of her taking into account that a possible jury might consider that the parent has already suffered enough. 'And my answer to that is yes and no. No in the sense that it doesn't factor into whether the person satisfies the requirements of the statue. 'But, yes, because the filing standard for this office is a reasonable likelihood of conviction.... If we feel like the jury is likely to find the person guilty because of that reason, then we have to take that into account,' Mitchell stated. Brady told police he allowed Trigg to play in the backyard after eating lunch that day and saw his son near the pool - something police records noted was 'not uncommon' - and while the pool was usually covered for safety, this time it wasn't. After taking his eyes off Trigg for a couple minutes, he turned his attention back to the little boy, and found him floating in the pool. Brady immediately burst into action, jumping into the pool to retrieve their son before calling 911 to their home. Officers performed CPR upon arrival before firefighters took over. Trigg was transported to Chandler Regional Medical Center, then transferred to Phoenix Children's Hospital, where he died on May 18 after remaining in critical condition. While processing the scene, investigators discovered two outdoor cameras in the backyard that may have captured the moments leading up to the little boy's death, AZ Central reported. Authorities are now working to obtain the backyard surveillance footage to corroborate Brady's account of what happened, according to search warrants obtained by AZ Central. Emilie was reportedly out with friends at the time. Since authorities opened an investigation into Trigg's death, the influencer has fought to keep the police reports redacted and the medical examiner reports sealed. Once news broke that he was the boy who drowned, a 'media frenzy' unleashed as internet sleuths and fans of Kiser took it upon themselves to request records - including videos - in relation to his death. This then prompted Emilie to file a lawsuit just one week after his passing against several agencies in Maricopa County to block private information from getting out. The Arizona Superior Court for Maricopa County ruled in her favor, granting her temporary confidentiality, meaning evidence will not be released while the court makes its final ruling on the tragedy. Her declaration 'reflects an intensely personal account of her grief and trauma' that was 'submitted to help the court understand her perspective - not for public consumption,' a source told In her motion, Kiser has specifically urged the court to keep not just detailed records of Trigg's death private, but also footage as '100+ public records requests' for the video have come in, according to the source. The intense amount of records requests 'only serves to satisfy morbid curiosity more than any type of justice,' they added. Kiser 'should not be forced to relive the aftermath through viral footage,' the source stated. 'The motions behind the push for release are concerning. In many cases, requests appear to be driven by monetization and notoriety, not accountability,' they continued. 'That is not a valid justification for invading a family's grief.' Since news of her legal filing came out, many online have speculated that Kiser chose to do so as a way to cover up information, but according to the source, that is completely false. 'Emilie has fully cooperated with investigators. The focus here is not on withholding information, but on safeguarding the dignity of a child and allowing a grieving family the space and privacy to heal.' Emilie has four million followers on TikTok and 1.7 million on Instagram, but according to the source, her 'public profile does not negate her right to privacy, nor does it make her son's death a matter for public consumption. 'Being online should not strip someone of basic human decency.' Emilie hasn't posted since the tragedy, but her followers have continued to flood her accounts with messages of support and condolences before she turned off her comment sections. Meanwhile, her husband made his accounts private following his death. Kiser or her legal representation haven't reviewed the police report, security camera footage, scene photos, 911 recording, or autopsy photos, per the lawsuit. The couple first became parents in July 2021 when they welcomed their son Trigg. In March, the Kiser family officially grew by one with the arrival of their second son, Theodore. Daily Mail contacted Emilie's team and the Maricopa County Attorney's Office for comment.

‘Media frenzy': Influencer Emilie Kiser's husband may face felony charges after son drowned in pool; could be imprisoned for over 3 years
‘Media frenzy': Influencer Emilie Kiser's husband may face felony charges after son drowned in pool; could be imprisoned for over 3 years

Time of India

time6 days ago

  • Time of India

‘Media frenzy': Influencer Emilie Kiser's husband may face felony charges after son drowned in pool; could be imprisoned for over 3 years

Image: Instagram@/emiliekiser Brady Kiser, 28, husband of social media influencer Emilie Kiser, can be charged with felony child abuse following the drowning death of their three-year-old son, Trigg, in Arizona . The Chandler Police Department announced on Tuesday that they have formally recommended the Maricopa County Attorney's Office to consider charging Brady for a Class 4 felony, as investigations have now concluded, reported Fox News. The charge carries a possible prison sentence ranging from 1 to 3.75 years, though first-time offenders may be eligible for probation. Trigg Kiser fell into the backyard pool and 'accidentally drowned' on May 12 as Brady Kiser was 'distracted' watching their new-born son, as per police records. He told the police that he turned around for 'three to five minutes' before discovering his son floating in the backyard pool, reports AZ-Central. Brady Kiser informed the police that he was alone at home with the two boys at the time while Emilie was out with her friends. "Chandler PD arrived on scene first and found an unconscious 3-year-old boy that was pulled from the backyard pool. Officers began CPR and firefighters took over patient care upon arrival," said fire department officials at that time. T by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Indonesia melirik jet tempur J-10 milik China. Mengapa para pakar memperingatkan untuk hati-hati? CNA Indonesia Baca Undo he child was hospitalized but died six days later on May 18. Emilie filed an official legal motion requesting the court to prevent the release of investigative and post-mortem records related to Trigg's death. In a verified complaint she urged that releasing the investigative and post-mortem records would inflict significant emotional distress on her and her family. She emphasized that the loss is deeply personal and holds no substantial public interest, as per Fox News. Emilie said that more than 100 public record requests have been submitted since Trigg's death, but she believes many of them are driven by public curiosity or commercial gain rather than genuine concerns. She filed a lawsuit at the Arizona Superior Court for Maricopa County seeking to keep all records of her son's death, including any distressing footage out of the public view, as per the New York Post. A judge granted her temporary confidentiality as part of her broader request for privacy on June 3, ordering the records to remain sealed until a decision is made on the larger privacy matter. The family 'desperately want to grieve in private, but sadly, the public will not let them,' said Emilie's attorney in the original filing. He added that the boy's death has become a 'media frenzy.' Emilie has over a million followers on Instagram and around four million followers on TikTok. She has not posted on her social media accounts since.

Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son
Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son

Yahoo

time6 days ago

  • Yahoo

Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son

Influencer Emilie Kiser's husband could face a charge of felony child abuse in the drowning death of their 3-year-old son Trigg in a backyard pool in Arizona. The Chandler Police Department said in a Tuesday post on X that it had completed its investigation into Trigg's May 18 death and "following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser." The case has been submitted to the Maricopa County Attorney's Office for review. Police and the Maricopa County Attorney's Office did not immediately respond to a request for comment on Wednesday. Trigg died six days after he was found unconscious in a backyard pool. NBC affiliate KPNX of Phoenix reported that the drowning occurred at Kiser's home, and Trigg was hospitalized in critical condition until his death. Brady Kiser told police that he was distracted by the couple's infant son when Trigg went outside to play, according to a search warrant affidavit obtained by KPNX. He said he lost sight of Trigg for a few minutes and then went outside to check on him, and that's when he found the boy unconscious in the pool. Brady Kiser, who said his wife was out with friends at the time, called 911. Emilie Kiser, who has built millions of followers across TikTok and Instagram with mom and wife content, has not publicly commented on the death of her son. In May, she filed a lawsuit against multiple Maricopa County public offices to keep records of her son's death private. A judge temporarily blocked the release of records last month. Her attorney did not immediately respond to a request for comment on Wednesday. This article was originally published on

TikTok influencer's husband faces possible felony charge after son's tragic pool accident
TikTok influencer's husband faces possible felony charge after son's tragic pool accident

Fox News

time6 days ago

  • Fox News

TikTok influencer's husband faces possible felony charge after son's tragic pool accident

Brady Kiser, the husband of social media influencer Emilie Kiser, may face a felony child abuse charge in connection to the Arizona drowning death of their three-year-old son, Trigg. On Tuesday, the Chandler Police Department (CPD) announced that their investigation into the May 18 death was complete, and they have formally recommended that the Maricopa County Attorney's Office consider charging Brady, 28, with a Class 4 felony. This charge carries potential penalties of 1 to 3.75 years in prison, though probation is possible for first-time offenders. At the time of the drowning, Brady was at home with Trigg and their newborn son, Theodore, while Emilie was out with friends, Brady told Chandler police, according to Fox affiliate, KSAZ-TV. "Chandler PD arrived on scene first and found an unconscious 3-year-old boy that was pulled from the backyard pool. Officers began CPR and firefighters took over patient care upon arrival," fire department officials said at the time. Brady, according to AZ-Central, told police that he had turned around for "three to five minutes" before finding the boy floating in the family's backyard pool. Trigg died six days after he was pulled from the pool. The case has garnered significant attention due, in part, to Emilie's 4 million follower count on TikTok. The influencer, who has not posted on social media since the tragic incident, issued a formal legal request asking the court to block the release of investigative and post-mortem records in Trigg's death. In the verified complaint obtained by Fox News Digital, filed on May 27, Emilie argued that disclosing investigative and post-mortem records would cause her and her family significant emotional harm. Emilie said that this is a deeply personal loss with no substantial relevance to the public. READ THE VERIFIED COMPLAINT – APP USERS, CLICK HERE Emilie said that over 100 public records requests have been filed since Trigg's death, many of which she believes are motivated by public curiosity or commercial interest rather than oversight. She said that neither she nor her attorneys have reviewed the graphic contents of the material, which may include security footage, autopsy reports, 911 audio, and bodycam videos, nor do they wish to. The complaint argues that releasing such raw and intimate documentation would weaponize Arizona's Public Records Law against grieving families, rather than serve its intended purpose of promoting government transparency. Fox News Digital has reached out to the Chandler Police Department and the Maricopa County Attorneys Office for comment.

Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son
Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son

NBC News

time6 days ago

  • NBC News

Influencer Emilie Kiser's husband could face felony child abuse charge in drowning death of son

Influencer Emilie Kiser's husband could face a charge of felony child abuse in the drowning death of their 3-year-old son Trigg in a backyard pool in Arizona. The Chandler Police Department said in a Tuesday post on X that it had completed its investigation into Trigg's May 18 death and "following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser." The case has been submitted to the Maricopa County Attorney's Office for review. Police and the Maricopa County Attorney's Office did not immediately respond to a request for comment on Wednesday. Trigg died six days after he was found unconscious in a backyard pool. NBC affiliate KPNX of Phoenix reported that the drowning occurred at Kiser's home, and Trigg was hospitalized in critical condition until his death. Brady Kiser told police that he was distracted by the couple's infant son when Trigg went outside to play, according to a search warrant affidavit obtained by KPNX. He said he lost sight of Trigg for a few minutes and then went outside to check on him, and that's when he found the boy unconscious in the pool. Brady Kiser, who said his wife was out with friends at the time, called 911. Emilie Kiser, who has built millions of followers across TikTok and Instagram with mom and wife content, has not publicly commented on the death of her son. In May, she filed a lawsuit against multiple Maricopa County public offices to keep records of her son's death private. A judge temporarily blocked the release of records last month.

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