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