Emilie Kiser's husband, Brady Kiser, will not face charges in connection with their son Trigg's death.
The terrible loss of Emilie Kiser's kid will not result in a judicial struggle for her husband. Authorities provided an update on whether Brady Kiser, who was watching the toddler when he unintentionally drowned in a pool at the family's Arizona home, would face charges in connection with the event following the opening of an investigation into the sudden death of the couple's 3-year-old son Trigg.
According to a statement posted on its website on July 25, "Maricopa County Attorney Rachel Mitchell stated today that Brady Kiser would not be charged in the drowning death of his son" "because there is no reasonable likelihood of conviction."
Additionally, the attorney's office confirmed that after an inquiry into Trigg's death on May 12, the Chandler Police Department had previously suggested that Brady be charged with a Class 4 felony of child abuse; but they said that additional investigation revealed insufficient evidence to prove the offense.
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"Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events," the statement went on. "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."
"After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard," the Maricopa County Attorney's Office added, adding that every case submitted to the office for review is assessed on whether there is a "reasonable likelihood of conviction."
The statement added, "Given a court order, no additional details can be discussed at this time."
Contrary to police search warrants obtained by USA Today affiliate The Arizona Republic, Brady was at home with Trigg and his and Emilie's now three-month-old son Theodore when he discovered Trigg floating in the pool after losing sight of him for three to five minutes. The toddler was taken to the hospital after first responders arrived, where he passed away six days later.
Emilie sued many Maricopa County public offices after Trigg's death in an attempt to keep information of his demise confidential.
Even though the couple has not publicly discussed the terrible event, the content creator's attorney shared details about her reaction to it, saying in the lawsuit that she is "going through a parent’s worst nightmare right now."
"She lost her young son," the attorney went on. "Emilie is trying her best to be there for her surviving son, 2-month-old Theodore. But every day is a battle."
