Emilie and Brady Kiser respond with statement as county attorney decides on abuse charges

The police had recommended a Class 4 felony charge of child abuse against Brady


The Maricopa County Attorney’s Office has decided on whether or not to charge Brady Kiser with child abuse following the accidental drowning of his and Emilie’s son, Trigg.

The horrific ordeal happened back in May when Trigg was left in the care of his father whilst his mother was out with friends. The three-year-old was floating in the pool for around five minutes before Brady found him, with police later recommending a child abuse charge.

“The Chandler Police Department has completed its investigation into the tragic drowning of three-year-old Trigg Kiser, who died May 18, 2025, after being found unresponsive in his family’s backyard pool,” Chandler Police said in a statement. “Following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser. The case has now been submitted to the Maricopa County Attorney’s Office for review.”

Two weeks after Chandler Police recommended the Class 4 felony charge of child abuse against Brady Kiser, the Maricopa County Attorney’s Office has made a decision.

Emilie Kiser’s husband, Brady, won’t be charged with child abuse

In a statement this week, Maricopa County Attorney Rachel Mitchell said that Brady Kiser would not be charged with child abuse, stating there was “no reasonable likelihood of conviction.”

She explained: “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.

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“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.”

In response, Emilie and Brady Kiser’s lawyer, Flynn P. Carey, told ABC News that the family are grateful for a thorough investigation as they grieve the loss of their son.

“We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident,” he said. “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.”

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Featured image credit: Emilie Kiser

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