Maricopa County Attorney Rachel Mitchell announced on Friday that Brady Kiser will not be charged in the drowning death of his son because there is no reasonable likelihood of conviction.
Earlier this month, the Chandler Police Department submitted the case for review, recommending that Kiser be charged with one count of Child Abuse, a Class Four Felony. Kiser was home alone with his two children when his 3-year-old son, Trigg Kiser, drowned in the family’s backyard pool in May of this year.
Trigg on May 18 at the hospital, a week after his father found him in the pool at the family’s house in Chandler.
According to NBC News, TikTok influencer Emilie Kiser — wife of Brady and mother of Trigg — filed a lawsuit in May to keep public records about her son’s death from being released, citing “a media frenzy.”
However, surveillance video from outside the home showed how the drowning occurred and the actual timeline of events.
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 Maricopa County Attorney’s Office says “every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a “reasonable likelihood of conviction.” After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard.