Brady Kiser to face no charges in son’s drowning

Brady Kiser, the husband of Chandler-based TikTok influencer Emilie Kiser, will not face criminal charges in relation to the May drowning death of his 3-year-old son, Trigg.

The Maricopa County Attorney's Office announced the decision Friday afternoon, citing "no reasonable likelihood of conviction."

Earlier this month, Chandler police recommended a class 4 felony child abuse charge for Kiser, who told police he lost sight of his son playing by the family's pool — which was unfenced in violation of city ordinance — for three to five minutes. Kiser said he was watching the couple's newborn while his wife was away when he found Trigg floating in the pool.

Police obtained a warrant for home security footage to corroborate Kiser's account. The county attorney's press release noted that "surveillance video from outside the home showed how the drowning occurred and the actual timeline of events," though it did not specify whether that timeline matched the one Kiser gave to police.

Two weeks ago, Phoenix New Times requested the Chandler police report on the incident and the probable cause statement sent to the county attorney's office, but has yet to receive either. A Chandler police spokesperson did not return a request for comment on the decision not to charge Kiser.

"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," the county attorney's statement read. It said that after a review of the evidence — including by county attorney Rachel Mitchell herself — "it was determined this case does not meet that standard."

The county attorney's office said no further information can be released about the decision, citing a court order. After Trigg's death, Emilie Kiser sued to keep some documents about the incident from public view.

Last week, Mitchell hinted that she was not hot after charging Kiser. "Not every tragedy is a crime," she said at a July 17 press conference.

The Kisers have not addressed the county attorney's decision on their social media feeds.