Police recommend criminal charge in drowning of Emilie Kiser's son Trigg
Police are recommending a criminal charge in the May death of influencer Emilie Kiser's 3-year-old son.
"Following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser," Emilie Kiser's husband, a statement from the Chandler Police Department said.
Prosecutors from the Maricopa County Attorney's Office will now review the recommendation, the statement said.
Trigg Kiser died on May 18 after being pulled from a backyard pool in Chandler, Arizona, six days earlier, police previously confirmed to Paste BN. Court documents said Trigg's death was an accidental drowning in the family's pool.
Emilie Kiser, 26, is a social media influencer with more than four million followers on TikTok. She is known for sharing lifestyle and vlog-style content. The family has not spoken publicly since Trigg's death, except through court documents.
What is a class 4 felony charge of child abuse?
Under Arizona state law, felony child abuse occurs when a person who is in custody of a child or vulnerable adult causes them to suffer a physical injury or causes them to be placed in a situation where they are endangered.
A class 4 felony child abuse charge means a person acted with criminal negligence in situations where physical harm or death is likely, according to Arizona law.
Criminal negligence is when "a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists," according to Arizona law.
A first-time felony offense in Arizona carries a minimum sentence of 1.5 years in prison, though it can be mitigated to 1 year, per state law.
Brady Kiser told police he was watching newborn when son drowned
Brady Kiser told police he was watching the couple's newborn son when Trigg fell into the pool, according to search warrant applications granted by Maricopa County Superior Court judges in May.
He said he lost sight of Trigg for three to five minutes before finding him floating in the pool, according to the applications, which include sworn police affidavits detailing an interview with Brady Kiser.
Trigg went to the backyard to play after he finished eating, Brady Kiser told police. He saw Trigg playing near the pool, which the records said was "not uncommon." The pool usually had a protective cover on it, Brady Kiser told police.
Brady Kiser was "soon distracted" by his newborn son. Once he saw that Trigg was in the pool, he jumped in to get the boy and called 911, according to the records.
He also told police he was home alone with the two boys at the time; Emilie Kiser was out with friends, he said.
Investigators filed the search warrant applications on May 13 to obtain video surveillance from two outdoor cameras in the backyard so they could corroborate Brady Kiser's statement, the records said.
What has Emilie Kiser said about son Trigg's death? Lawsuit details
Emilie Kiser hasn't spoken publicly since her son's death, except in the form of court documents.
On May 27, her lawyers filed a lawsuit to prohibit officials from releasing records related to Trigg's death that would ordinarily be public, including the police report, 911 call and scene photos.
In the filing, Kiser's attorneys said that she and her family "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy."
"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," the lawsuit says. "But every day is a battle."
The lawsuit is ongoing; the first hearing in the case was held on June 3. As a result of the hearing, the parties in the case agreed to an interim order prohibiting the dissemination of the public records in question, according to court filings obtained by Paste BN.
Emilie Kiser's attorneys also filed a notice to dismiss some agencies from the lawsuit, and the court sealed a declaration Kiser wrote about this case.
According to The Republic, Emilie Kiser's attorney Kevin O'Malley said during the hearing that some redacted documents are likely "appropriate" for public release.
Gallagher & Kennedy, the firm representing Kiser, has not responded to Paste BN's requests for comment.
Contributing: Elena Santa Cruz, The Arizona Republic
This story has been updated with additional information.
Melina Khan is a national trending reporter for Paste BN. She can be reached at melina.khan@usatoday.com.