Emilie Kiser's husband will not face charges in connection with the drowning death of their three-year-old son.
Emilie and Brady Kiser's three-year-old son, Trigg, tragically passed away on May 18 - six days after being hospitalized for a drowning incident in the family’s backyard pool in Chandler, Arizona.
Authorities responded to the scene on May 12 after a 911 call was placed. At the time, Brady told police he had been home with Trigg and the couple’s newborn son, Theodore, while the social media influencer, who boasts 1.7 million Instagram followers, was out with friends.
According to Chandler Police Department (CPD) records and search warrant applications, the father-of-two said he saw Trigg playing near the pool, something he described as “not uncommon,” and believed the pool was covered.
While tending to Theodore, he lost sight of Trigg for three to five minutes. When he returned to the yard, he found the toddler floating in the water.
First responders performed CPR before transporting Trigg to Chandler Regional Medical Center. He was later moved to Phoenix Children’s Hospital in critical condition, but did not survive.
On July 15, Chandler Police announced they had concluded their investigation and recommended that Brady be charged with a Class 4 felony for child abuse.
That referral, which came nearly two months after the incident, was reviewed by prosecutors before they ultimately declined to pursue charges.
In a statement shared by the Maricopa County Attorney’s Office (MCAO) on July 25, officials explained that the decision was based on a lack of sufficient evidence to support prosecution.
“Every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a ‘reasonable likelihood of conviction,’” the office said, PEOPLE reported.
“After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard. MCAO’s review of the case involved the attorneys assigned to it, along with highly experienced senior attorneys and the County Attorney herself," they added.
Brady’s attorney Flynn Carey has also spoken out: “We are 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,” they added.
In the weeks following Trigg’s death, the TikTok star filed a lawsuit in Arizona Superior Court for Maricopa County seeking to block public access to records related to the case.
The May 27 filing stated that the City of Chandler and the Maricopa County Medical Examiner’s Office had received more than 100 public records requests.
On June 3, the court granted Emilie temporary confidentiality over both her personal declaration and her broader privacy request. A source told PEOPLE the declaration “reflects an intensely personal account of her grief and trauma, submitted to help the court understand her perspective — not for public consumption.”
“The core legal issues remain fully transparent through public filings by counsel and the court,” the source continued. “Emilie’s sealed declaration does not hinder the public’s understanding of the case or its legal significance. Preserving a small measure of privacy in the midst of public scrutiny is a reasonable and compassionate choice given the circumstances.”
Another source close to the case added: “Her public profile does not negate her right to privacy, nor does it make her son’s death a matter for public consumption. Public agencies have received over 100+ public records requests for the footage of a toddler’s death, which only serves to satisfy morbid curiosity more than any type of justice.”
As of July 9, both CPD and the Maricopa County Office of the Medical Examiner filed a joint request to be exempted from the court’s confidentiality order, allowing them to exchange records while finalizing their respective investigations.
No public ruling has yet been made on that motion.