Emilie Kiser’s Husband Brady Won’t Be Charged with Felony Child Abuse in Son’s Drowning, Despite Police Recommendation

Emilie Kiser’s husband, Brady Kiser, will not face child abuse charges in connection with the death of their 3-year-old son, Trigg.

The Maricopa County Attorney’s Office announced the decision on Friday, July 25, stating there is “no likelihood of conviction” in the case.

“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 MCAO said in part. “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.”

Kiser’s attorney, Flynn Carey, also issued a statement to PEOPLE: “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. We appreciate the compassion and support shown during this difficult time.”

On May 18, a spokesperson for the Chandler Police Department confirmed to PEOPLE that Trigg died six days after being hospitalized following a drowning accident at the Kisers’ backyard pool. Authorities had responded to a drowning call on May 12.

On July 15, Chandler police announced their investigation was complete and recommended that Brady be charged with a class 4 felony count of child abuse.

The referral came nearly two months after AZ Central reported that Brady told police he was at home with Trigg and their newborn son, Theodore, when the older child fell into the pool. Emilie was out with friends at the time. According to search warrant applications, Brady said he lost sight of Trigg for three to five minutes before finding him floating in the water.

Earlier, Emilie — who has 1.7 million Instagram followers — filed a lawsuit in Arizona Superior Court for Maricopa County seeking to keep records about Trigg’s death out of public view. Court filings indicated that the City of Chandler and the Maricopa County Medical Examiner’s Office had received more than 100 public records requests related to the incident.

On June 3, the court granted Emilie temporary confidentiality for both her personal declaration and her broader request for privacy while it reviews the evidence before making a final ruling.

A source told PEOPLE that her declaration “reflects an intensely personal account of her grief and trauma, submitted to help the court understand her perspective — not for public consumption.”