Brady Kiser, the husband of the influence of the children, Emilie Kiser, will not face positions in the drowning of her son in May because “there is no reasonable probability of conviction,” authorities said Friday.
A Brady Kiser lawyer said he is “grateful to the police and the county prosecutor for carrying out an exhaustive investigation and confirming that this was a tragic accident.”
Brady Kiser was at home with his two children when Trigg, 3, drowned in the family’s backyard pool. The boy died six days after his father found him unconscious in the water.
According to an affidavit of the search warrant obtained by the NBC KPNX affiliate from Phoenix, Brady Kiser said he was distracted by his young son when the child wandered outside. Brady Kiser told the officials that he discovered his unconscious son in the pool and then called 911.
The Chandler Police Department presented the case to the Maricopa County Prosecutor’s Office for review and recommended earlier this month that Brady Kiser was accused of a child abuse position.
The county lawyer’s office said the house surveillance video “showed how the drowning and real timeline of the events happened,” but did not provide additional details.
The Maricopa County Prosecutor, Rachel Mitchell, said in a statement that by a position of child abuse, prosecutors must demonstrate that the defendant “did not perceive a substantial and unjustifiable risk, and that the lack of perception of risk was a serious deviation from the standard of care that a reasonable person would show.”
Then the cases are evaluated depending on whether there is a “reasonable probability of conviction,” and Mitchell said that this case did not meet that standard.
