Brady Kiser, husband of influencer Emilie Kiser, will not be charged with felony child abuse following the tragic drowning death of their 3-year-old son, Trigg, according to the Maricopa County Attorney’s Office.
Although the Chandler Police Department recommended a Class 4 felony charge of child abuse against Brady after completing a two-month investigation, prosecutors concluded that the evidence does not meet the legal threshold to pursue charges.
“After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet the standard of a ‘reasonable likelihood of conviction,’” the County Attorney’s Office said in a statement on July 25. “The review included input from both assigned and senior attorneys, as well as the County Attorney herself.”
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A Family Tragedy
On May 12, police responded to a drowning incident at the Kiser home. Brady, who was reportedly home caring for both Trigg and the couple’s newborn son Theodore, told investigators he lost sight of Trigg for approximately three to five minutes. When he returned to the backyard, he found Trigg unresponsive in the pool. The child died six days later, on May 18.
Emilie Kiser was not at home at the time of the 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’s attorney, Flynn Carey, said in a statement. “Brady remains in the midst of grieving and is thankful to be with his family as they heal together.”
Ongoing Legal Action and Privacy Efforts
The case has drawn significant public interest, prompting Emilie Kiser—who has over 1.7 million followers on Instagram—to take legal action to protect her family’s privacy. On May 27, she filed a lawsuit in Arizona Superior Court seeking to prevent public release of records related to Trigg’s death.
According to court filings, the City of Chandler and the Maricopa County Medical Examiner’s Office received over 100 public records requests following the incident. A separate court order issued on June 3 granted temporary confidentiality for Emilie’s personal declaration, which a source described as “an intensely personal account of her grief and trauma” not intended for public view.
Despite the initial recommendation from investigators, county officials ultimately determined the evidence pointed to a devastating accident rather than criminal negligence.
