Emilie Kiser: Prosecutor makes big call on influencer’s husband Brady’s role in toddler’s drowning death

Prosecutors have made a big call after an investigation into the death of influencer Emilie Kiser’s toddler son.

Police had recommended her husband Brady be charged with felony child abuse after Trigg, 3, drowned in the family’s backyard pool in Arizona on May 12.

Ms Kiser, who has more than 4.6 million followers across TikTok, Instagram and YouTube, was out with friends at the time.

In a statement to police, Mr Kiser said he lost sight of the toddler for three to five minutes while he was looking after the couple’s newborn son Theodore.

Trigg had gone out to the backyard and was playing near the pool, which was not unusual. The next time he saw him, the boy was floating in the pool. Mr Kiser jumped in to save him and called 911.

Trigg died in hospital six days later.

Police launched an investigation into the incident and earlier this month recommended Mr Kiser be charged.

Under Arizona law, felony child abuse is when a person who is caring for a child causes them to suffer a physical injury or places them in a situation where they are endangered.

But in a statement, the Maricopa County attorney Rachel Mitchell confirmed prosecutors would not be proceeding with a charge because it there was no “reasonable likelihood of a conviction”.

“Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events,” the statement read.

“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.

“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.

Flynn Carey, an attorney who represented Mr Kiser, said in a statement that the heartbroken father was “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.”