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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​

time3 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.

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

time16-07-2025

  • 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.

BREAKING NEWS Internet star's husband set to face child abuse charge after toddler son drowned in mansion's back yard pool
BREAKING NEWS Internet star's husband set to face child abuse charge after toddler son drowned in mansion's back yard pool

Daily Mail​

time16-07-2025

  • Daily Mail​

BREAKING NEWS Internet star's husband set to face child abuse charge after toddler son drowned in mansion's back yard pool

The husband of TikTok star Emilie Kiser is set to face charges after their toddler son drowned in their backyard pool in Arizona. Kiser, a popular mommy blogger, lost her son Trigg on May 18 - six days after he was found unresponsive in a backyard pool in Chandler, Arizona. Police say they have recommended Kiser's husband Brady Kiser face a felony charge of child abuse over the death, though the Maricopa County Attorney's Office will make the final decision. 'After a thorough review of the evidence, we have submitted the case to the Maricopa County Attorney's Office for further review and any potential prosecutorial decisions,' the Chandler, Arizona, Police Department said in a statement Thursday.

Emilie Kiser's Husband Brady Could Face Child Abuse Charge in 3-Year-Old Son's Drowning Death: Police
Emilie Kiser's Husband Brady Could Face Child Abuse Charge in 3-Year-Old Son's Drowning Death: Police

Yahoo

time16-07-2025

  • Yahoo

Emilie Kiser's Husband Brady Could Face Child Abuse Charge in 3-Year-Old Son's Drowning Death: Police

Emilie Kiser and Brady Kiser's eldest son, Trigg, died after an accidental drowning on Monday, May 12, in Chandler, Ariz. The Chandler Police Department have since investigated into Trigg's death On Tuesday, July 15, the Chandler Police Department recommended that Brady be tried for a felony into Trigg's tragic deathEmilie Kiser's husband, Brady Kiser, could face a child abuse charge in the tragic drowning death of their 3-year-old son, Trigg. On Tuesday, July 15, the Chandler Police Department (CPD) shared an update to X, announcing that the investigation into Trigg's death on Sunday, May 18, was completed. The announcement also shared that the department's investigators recommended that Brady be tried for a Class 4 felony charge of child abuse. The CPD submitted the case to the Maricopa County Attorney's Office for review. After the prosecution reviews the police file, Brady could face the charges mentioned above, and the case will return to the CPD for further investigation. However, the case could also be dropped if the prosecution decides Brady will not face charges. The CPD's referral comes nearly two months after Trigg drowned in the family's backyard pool in Chandler, Ariz., on Monday, May 12. 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, per AZ Central. According to CPD search warrant applications, Brady told police he saw the toddler playing near the pool, noting that it was "not uncommon' for Trigg to do so. He also said that the pool usually had a protective cover on it. But as Brady was caring for Theodore, he lost sight of Trigg for three to five minutes. Upon returning to the backyard, that's when he discovered Trigg floating in their backyard pool. Police responded to the scene and performed CPR until firefighters arrived and then assumed control of his medical care. Trigg was taken to Chandler Regional Medical Center and then to Phoenix Children's Hospital in critical condition. The next day, the search warrant applications were created to obtain surveillance footage of the backyard cameras to corroborate Brady's statements to investigators. That same day, Brady was accused by CPD investigators of committing child abuse on the day of Trigg's drowning. Days after Trigg's death, his mother, TikTok influencer Emilie, announced the tragic news to her 4 million followers. Due to Emilie's media persona, she filed a lawsuit on Tuesday, May 27, in Arizona Superior Court for Maricopa County to keep records about Trigg's death out of public view, according to court documents. In the filing, Kiser's lawyer said that she and her family "desperately want to grieve in private, but sadly, the public will not let them," adding that Trigg's death "has become a media frenzy." On June 3, the Arizona Superior Court for Maricopa County ruled in the influencer's favor on a separate motion she filed to keep her personal declaration private. The court order will grant Kiser temporary confidentiality on both her declaration and her larger request for privacy while the court reviews evidence to make a final ruling. At the time, a source told PEOPLE exclusively that Kiser'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 core legal issues remain fully transparent through public filings by counsel and the court. Emilie's sealed declaration does not hinder the public's understanding of the case or its legal significance," the source says. "Preserving a small measure of privacy in the midst of public scrutiny is a reasonable and compassionate choice given the circumstances." Want to keep up with the latest crime coverage? Sign up for for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases. Two days later, an insider told PEOPLE that Emilie 'is urging the court to keep private the footage and records related to her young son's death - a deeply personal, and reasonable, plea to prevent the public release of the most traumatic moment of her life.' The source noted that while the influencer's "public profile does not negate her right to privacy," it also doesn't "make her son's death a matter for public consumption." Adding, "Public agencies have received over 100+ public records requests for the footage of a toddler's death, which only serves to satisfy morbid curiosity more than any type of justice.' On Wednesday, July 9, the CPD and Maricopa County Office of the Medical Examiner requested an exception to the ruling in order to exchange records and documents with each other, as a result of attempting to conclude their investigations. No ruling has been made public regarding the latest motion, per AZ Central. Read the original article on People

EXCLUSIVE I did the 'mom sneak' and then came the blood-curdling scream. My son's death will forever haunt me... but I know how to save other children
EXCLUSIVE I did the 'mom sneak' and then came the blood-curdling scream. My son's death will forever haunt me... but I know how to save other children

Daily Mail​

time25-06-2025

  • Daily Mail​

EXCLUSIVE I did the 'mom sneak' and then came the blood-curdling scream. My son's death will forever haunt me... but I know how to save other children

Kaitlyn Wages feels a stab to her heart whenever she hears about a child drowning in a backyard swimming pool. She was horrified when she saw reports that Trigg, the three-year-old son of influencer Emilie Kiser died in just such a tragic accident on May 18 and similarly hit by news that Virginia toddler, Cameron Massie, 2, died in the same way earlier this month just one day after his mother, Shannon Clay, got married.

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