Emilie Kiser’s husband Brady will not face child abuse charges following the drowning death of their son Trigg, 3.
There is “no likelihood of conviction” against Brady, according to a new statement released by the Maricopa County Attorney’s Office on Friday, July 25.
Brady was home alone watching Trigg and the couple’s son Teddy, 3 months, while Emilie was out with friends on May 12 when the tragic incident occurred.
“Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events,” the statement read. “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.”
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The MCAO added in the statement that following review of the evidence, it was deemed unlikely that Brady would receive a conviction.
“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. MCAO’s review of the case involved the attorneys assigned to it, along with highly experienced senior attorneys and the County Attorney herself.”
Brady’s attorney Flynn Carey responded to the update in the case via a statement shared with multiple outlets.
“We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident,” the statement read.“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.”
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Earlier this month on July 15, the Chandler Police Department confirmed they had completed their investigation into Trigg’s death after he fell into the family’s swimming pool.
“The Chandler Police Department has completed its investigation into the tragic drowning of three-year-old Trigg Kiser. Following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser,” the statement read. “The case has now been submitted to the Maricopa County Attorney’s Office for review.”
USA Today reported in June that the warrants showed Brady said Trigg went to the backyard to play after he finished eating. He then noticed Trigg was playing near the pool, which the outlet reported that police records showed was “not uncommon.”
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Brady, who married Emilie in 2019, claimed he was “soon distracted” by Teddy, which caused him to lose sight of Trigg for three to five minutes. He then claimed to have found his son floating in the pool, per the documents.
The father then said he jumped into the pool to retrieve his son and called 911.
Us Weekly confirmed via the Chandler Police Department on May 18 that Emilie and Brady’s son died “earlier” that afternoon after being pulled out of a pool on the evening of May 12.
A statement provided to Us at the time read, “The investigation into the circumstances surrounding this incident remain ongoing. This is still an open investigation. Out of respect for the family’s privacy, we will not be releasing additional details until the investigation is closed.”
