Brady Kiser, who was home alone with his two sons when his eldest son, Trigg, drowned in the family’s backyard pool in May, will not face charges. The Maricopa County Attorney’s Office issued a public announcement of this decision to drop charges, noting their conclusion that there was “no reasonable likelihood of conviction” against Kiser.
Trigg’s tragic death occurred after police responded to the Kisers’ home and initiated CPR in an attempt to revive him. Sadly, the little boy passed away the next day. Surveillance video showing what happened in the moments leading up to her drowning helped provide the investigative report’s conclusions.
Brady Kiser’s lawyer noted that Brady still has to mourn the loss of his son. Flynn P. Carey, Kiser’s attorney, had words of appreciation for law enforcement and the county attorney. He commended them for their hard work in doing a diligent investigation to find out that this was just a horrible accident.
Maricopa County Attorney Rachel Mitchell wanted to be clear that her office reviews each case submitted rigorously. For each of these, they assess whether there is a reasonable likelihood of conviction. She acknowledged that the totality of evidence did not rise to that bar for charging Kiser.
“After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard.” – Rachel Mitchell
Mitchell further explained the legal requirements for a 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.”
Chandler police had previously recommended a felony charge of child abuse against Brady Kiser in connection with Trigg’s drowning. Yet, as has been the case recently in West Virginia, the local county attorney’s office had the final authority on if charges were sought.
The family’s situation has drawn attention due to Emilie Kiser, Brady’s wife, who is a prominent social media influencer with over one million followers on Instagram and more than four million on TikTok. Since Trigg’s death, Emilie has posted nothing publicly to her social media pages.
Amidst their grief, the Kiser family welcomed a second son in March, just weeks before Trigg’s death. Despite the overwhelming sorrow, Brady Kiser expressed gratitude for being with his family during this difficult time as they navigate their healing journey together.
