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Influencer Emilie Kiser's husband won't face charges in son's drowning death, county attorney rules

time2 days ago

Influencer Emilie Kiser's husband won't face charges in son's drowning death, county attorney rules

The husband of influencer Emilie Kiser will not face charges in the drowning death of the couple's 3-year-old son, the Maricopa County Attorney's Office has announced. Police in Chandler, Arizona, recommended earlier this month that Brady Kiser face a felony charge of child abuse in the drowning death of his son Trigg in May, but the local county attorney's office has final say in whether charges are actually brought. Maricopa County Attorney Rachel Mitchell confirmed in a statement on July 25 that Brady Kiser will not be charged, saying there is "no reasonable likelihood of conviction." "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," Mitchell said in a statement. "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 statement continued, "After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard." Mitchell noted that surveillance video "showed how the drowning occurred and the actual timeline of events." Brady Kiser's attorney told ABC News in a statement Monday that he continues to grieve the loss of Trigg. "We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," the attorney, Flynn P. Carey, said in a statement. "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." The boy's mother and Brady Kiser's wife, Emilie Kiser, is a social media influencer with over 1 million followers on Instagram and over 4 million followers on TikTok. She gave birth to a second child, another son, in March, according to her social media posts. Brady Kiser was home alone with the couple's two sons in May when Trigg drowned in the family's backyard pool, according to Mitchell's statement. The Chandler Police Department told ABC News in May that authorities received a call on May 12 around 7 p.m. regarding a drowning. When police responded to the Kisers' home, officers started CPR on a child. The child was then transported to a local hospital before being taken to Phoenix Children's Hospital in critical condition, according to police. The boy died the next day, police said. "Our thoughts and deepest condolences are with the child's family and loved ones during this unimaginable time," the police department said in a statement at the time. Emilie Kiser has not posted publicly to social media since her eldest son's death.

Influencer Emilie Kiser's husband won't face charges after son, 3, drowns in pool
Influencer Emilie Kiser's husband won't face charges after son, 3, drowns in pool

Daily Mirror

time2 days ago

  • Daily Mirror

Influencer Emilie Kiser's husband won't face charges after son, 3, drowns in pool

Emilie Kiser, who has 4.1 million followers on TikTok, has not posted on social media since the tragic death of her three-year-old son who died at the family's home in Arizona Influencer Emilie Kiser's three-year-old son tragically drowned in a pool and authorities have now said her husband will not face criminal charges. ‌ Toddler Trigg Kiser fell into the water when he was at home with his dad Brady, 28, on May 12 and he was found unresponsive in the backyard pool. He died six days later at Phoenix Children's Hospital. Chandler Police recommended a child abuse charge over the incident but Arizona's Maricopa County Attorney's Office has now ruled that out. ‌ Brady Kiser was with Trigg as well as the couple's newborn son Theodore and he reportedly told police that he was focusing on the baby and lost sight of Trigg for a few minutes. And when he went to look for him, he found him in the pool. ‌ CCTV footage showed the tragedy take place and no charges have been brought. Prosecutors would have needed to prove that Mr Kiser 'failed to perceive a substantial and unjustifiable risk' and that his actions were a 'gross deviation from the standard of care a reasonable person would show', in order to pursue a child abuse charge. 'Every case submitted to the Maricopa County Attorney's Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction,' Maricopa County Attorney Rachel Mitchell said in a statement. After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard.' ‌ Emilie Kiser, who has 4.1 million followers on TikTok, regularly posted on social media but her accounts suddenly went quiet before police in Phoenix confirmed that Trigg had died on May 18, reported USA Today. Mr Kiser's lawyer, Flynn Carey, said in a statement that his client is grateful the case was classified as a tragic accident. 'We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," he stated. "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, 26, had been with friends and was not at home at the time of the accident. She has not posted on social media since and has comments off on her Instagram and TikTok profiles. The Kisers did file a May 27 lawsuit to prevent the release of records about her son's death. In the filing, lawyers for the family said they "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy."

Arizona prosecutors decline to charge father in drowning death of TikTok influencer's 3-year-old son
Arizona prosecutors decline to charge father in drowning death of TikTok influencer's 3-year-old son

Fox News

time2 days ago

  • Fox News

Arizona prosecutors decline to charge father in drowning death of TikTok influencer's 3-year-old son

The husband of a TikTok influencer in Arizona will not face charges after their 3-year-old son died in a drowning incident. Emilie Kiser was out with friends while her husband, Brady, stayed at home with their newborn, Theodore, and Trigg, 3, who later drowned, Fox 10 reported. Trigg was found unresponsive in the couple's backyard pool in Chandler, Arizona, according to fire department officials. "Chandler PD arrived on scene first and found an unconscious 3-year-old boy who had been pulled from the backyard pool. Officers began CPR and firefighters took over patient care upon arrival," the fire department officials said. Brady told police at the time that he had turned around for "three to five minutes," then found his son floating in the pool. Trigg died six days later. On July 15, the Chandler Police Department formally recommended to the Maricopa County Attorney's Office that Brady should be charged with class 4 felony child abuse. The Maricopa County Attorney's Office said in a Friday statement that it wouldn't be seeking charges against Brady, arguing there's "no likelihood of conviction." "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," they wrote. "Every case submitted to the Maricopa County Attorney's Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction.' 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," it continued. The class 4 felony child abuse charge carries a potential penalty of 1 to 3.75 years in prison, but probation is possible. Emilie previously filed a legal complaint against a list of law enforcement and state agencies, seeking to block the release of investigative and post-mortem records relating to the death of her son.

Emilie Kiser's husband won't face charge in son's drowning, DA says
Emilie Kiser's husband won't face charge in son's drowning, DA says

Yahoo

time4 days ago

  • Yahoo

Emilie Kiser's husband won't face charge in son's drowning, DA says

The husband of a social media influencer will not be charged in the May death of his 3-year-old son, prosecutors in Arizona said. Brady Kiser, husband of TikTok and Instagram influencer Emilie Kiser, will not be charged in the drowning death of their son, Trigg, because prosecutors were unlikely to get a conviction in the case, Maricopa County Attorney Rachel Mitchell said in a news release July 25. Trigg Kiser died on May 18 after being pulled from a backyard pool in Chandler, Arizona, six days earlier, police previously told USA TODAY. Court documents said Trigg's death was an accidental drowning in the family's pool. Police interviewed Brady Kiser Brady Kiser told police he was watching the couple's newborn son when Trigg fell into the pool on May 12, according to search warrant applications granted by Maricopa County Superior Court judges in May. Court records included a summarized police interview with Brady Kiser. Brady Kiser had told Chandler police he was home alone with the couple's two boys on May 12 while his wife was out with friends, the court records said. He told police he saw Trigg playing near the pool, which was "not uncommon," the court records said. He said the pool usually had a protective cover on it, they said. Brady Kiser said he was "soon distracted" by their newborn son, Theodore, when he lost sight of Trigg for three to five minutes, the records said. He then found Trigg floating in their backyard pool, they said. He "immediately" jumped in to help Trigg and called 911, the records said. The Chandler Police Department on July 15 announced that it recommended a class 4 felony charge of child abuse against Brady Kiser. Police officials previously told The Arizona Republic that criminal charges against parents in child drowning cases were rare. After "careful review of the evidence," which included surveillance video showing how the drowning occurred, the Maricopa County Attorney's Office determined the case did not meet the standard of a 'reasonable likelihood of conviction,' Mitchell said in the July 25 news release. Heat wave: Late July's oppressive heat forecast isn't normal Emilie Kiser's internet fame drove awareness of case Emilie Kiser is a TikTok celebrity with about 4 million followers, 1.7 million followers on Instagram and has a presence on other social media platforms where she often posted about parenting, her home and also promoted products. She made her last social media post on May 12 and hasn't spoken publicly since her son's death. Emilie Kiser has also turned off commenting on most of her Instagram and TikTok profiles, while Brady Kiser made his Instagram account private. Timeline since Emilie Kiser's son died: A drowning, a lawsuit, a possible charge The Kisers did file a May 27 lawsuit to prevent the release of records about her son's death. In the filing, attorneys said the family "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy." That suit has prevented the release of a police report and some other records about the investigation. In the lawsuit, the Kisers' legal team argued dissemination of the information, which would normally be made available to the public, would violate her family's privacy. A judge ordered officials on June 3 not to disclose any records until lawyers reviewed and discussed their contents. The legal team later agreed that some records, such as redacted police and medical examiner reports, could be released. But anything made available should balance her privacy against the public's right to know, the Kiser's lawyers said. Mike Snider is a national trending news reporter for USA TODAY. You can follow him on Threads, Bluesky, X and email him at mikegsnider & @ & @mikesnider & msnider@ What's everyone talking about? Sign up for our trending newsletter to get the latest news of the day This article originally appeared on USA TODAY: DA says Emilie Kiser's husband won't face charge in son's drowning

Influencer Emilie Kiser's husband dodges criminal charges after son, 3, drowned on his watch
Influencer Emilie Kiser's husband dodges criminal charges after son, 3, drowned on his watch

Daily Mail​

time4 days ago

  • Daily Mail​

Influencer Emilie Kiser's husband dodges criminal charges after son, 3, drowned on his watch

Brady Kiser, husband of influencer Emilie Kiser, will not face criminal charges in the drowning death of their three-year-old son, Trigg. The decision, announced Friday by Arizona 's Maricopa County Attorney's Office, comes nearly two weeks after Chandler Police recommended a felony child abuse charge in connection with the May 12 incident. Authorities say Brady, 28, was home alone with Trigg and the couple's newborn son, Theodore, when the toddler accessed the backyard pool and was found then unresponsive. Trigg died six days later, on May 18, at Phoenix Children's Hospital. 'Every case submitted to the Maricopa County Attorney's Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction,' Maricopa County Attorney Rachel Mitchell said in a statement. 'After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard.' According to a search warrant affidavit, Brady told investigators he was distracted by the couple's infant and lost sight of Trigg for several minutes. When he went to look for the child, he found him unconscious in the pool and called 911. Surveillance footage from the home showed how the drowning occurred, officials said, but no further details were released. Prosecutors emphasized that, to pursue a child abuse charge, they would need to prove that Brady 'failed to perceive a substantial and unjustifiable risk' and that his actions were a 'gross deviation from the standard of care a reasonable person would show.' His attorney, Flynn Carey, said in a statement that his client is grateful the case was thoroughly reviewed and classified as a tragic accident. 'We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident. 'Brady remains in the midst of the grieving process and is thankful to be with his family as they heal together,' Carey said. 'We appreciate the compassion and support shown during this difficult time.' At the time of the incident, the famous TikTok influencer, Emilie, 26, was not home. According to police, she had been out with friends. In the weeks following Trigg's death, she filed a lawsuit to block public access to records related to the incident, including surveillance video, autopsy reports, and the 911 call. A Maricopa County judge granted a temporary confidentiality order on June 4, citing the volume of public records requests - more than 100 - made to multiple agencies following the incident. A source close to the grieving family said the legal action was not an attempt to suppress information but to protect the family's privacy in the midst of intense online scrutiny. Emilie'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,' the source told People. Emilie, who has more than four million followers on TikTok and 1.7 million on Instagram, has not posted publicly since her son's death. Her comment sections have been disabled, and her husband has made his social media accounts private. The Chandler Police Department has said its investigation into the incident remains open.

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