Why won't Emilie Kiser's husband Brady face any charges in 3-year-old son's drowning? Attorney Rachel Mitchell issues statement

Influencer Emilie Kiser's three-year-old son Trigg was hospitalized on May 12, 2025, after his father found him unresponsive near their backyard pool. On May 18, 2025, Trigg Kiser was pronounced dead.

The police recommended a charge of class four child abuse against Trigg's father, Brady, as he was taking care of his two sons while Emilie Kiser was away.

According to People magazine's July 25, 2025, report, Brady told the officers that he was taking care of his newborn son, Theodore, when he wasn't paying attention for three to five minutes, Trigg went outside. Brady then went outside to look for his son and found his floating body in the pool.

Per ABC News' report, the police officers performed CPR before the firefighters arrived at the scene.

According to the Maricopa County Attorney's office's official website, attorney Rachel Mitchell stated that the evidence provided was not enough, and Brady Kiser would not be charged with a class four charge of child abuse as there was no "reasonable likelihood of conviction."

"Noting that every case submitted to the office for review is evaluated on whether there's 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," Rachel Mitchell stated.

 

 

 

 

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Emilie Kiser previously filed a lawsuit to keep investigative records private from the public and the media

According to People magazine's June 5, 2025, report, Emilie Kiser filed a lawsuit on May 27, 2025, to keep the details of her son's death, which included the surveillance footage of that incident, private from the public.

Emilie Kiser stated in the court documents that over 100 people filed public records requests with the City of Chandler and the Maricopa County Medical Examiner's Office.

Emilie claimed that she and her family could not mourn their loss privately due to the "media frenzy."

A source close to the Kiser family told the media outlet that after the news of Trigg's hospitalization went public, fans and the media started showing up near their home, sent parcels, called the family members, and even spread the fake news of Trigg's death when he was getting treated at the Phoenix Children's Hospital.

The source also stated that the Kiser family wanted to grieve in private and save the dignity of their late son.

They said that people's requests to see the surveillance footage only satisfy their "morbid curiosity," and don't help the case in any way.

"Emilie has fully cooperated with investigators. The focus here is not on withholding information, but on safeguarding the dignity of a child and allowing a grieving family the space and privacy to heal," the source stated.

The Arizona Superior Court granted the influencer temporary confidentiality on June 3, 2025.

Emilie Kiser has over 1.7 million followers on Instagram, 4 million followers on TikTok, and nearly 155,000 subscribers on YouTube.

She mostly makes daily vlogs and family-related content.

Emily Kiser's late son was born in July 2021. The couple's second son, Theodore, was born in March 2025.