Brady Kiser, the husband of parenting influencer Emilie Kiser, will not face charges in his son's drowning in May because there is "no reasonable likelihood of conviction," officials said Friday.
A lawyer for Brady Kiser said he is "grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident."
Brady Kiser was home with his two sons when Trigg, 3, drowned in the family's backyard pool. The boy died six days after his dad found him unconscious in the water.
According to a search warrant affidavit obtained by NBC affiliate KPNX of Phoenix, Brady Kiser said he was distracted by his infant son when the toddler wandered outside. Brady Kiser told officials he discovered his son unconscious in the pool and then called 911.
The Chandler Police Department submitted the case to the Maricopa County Attorney's Office for review and recommended earlier this month that Brady Kiser be charged with one count of child abuse.
The county attorney's office said surveillance video from the home "showed how the drowning occurred and the actual timeline of events," but did not provide additional details.
Maricopa County Attorney Rachel Mitchell said in a statement that on a child abuse charge, prosecutors must prove that the defendant "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."
Cases are then evaluated based on whether there is a "reasonable likelihood of conviction," and Mitchell said this case did not meet that standard.
