Ellie Kemp
Warning: This article contains discussion of child loss which some readers may find distressing.
Police have issued a major update in the case of Trigg Kiser, the son of TikTok star Emilie Kiser and her husband Brady, who died six days after drowning in the family pool.
The three-year-old was found unresponsive by his father, Brady, on May 12 after wandering off to play in the back garden in the family's Arizona home.
Brady was allegedly at home with him and his three-month-old brother Theodore.
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Their mother, Emilie, who has 4.1 million TikTok followers and 1.7 million Instagram followers, was out with friends at the time.
Trigg later died in hospital on May 18.
According to search warrant documents, Brady said Trigg went to play in the backyard after eating. He later saw Trigg near the pool, which wasn't unusual. The pool usually had a cover, he told police.
Brady got distracted by baby Teddy and looked away for about three to five minutes. When he checked again, he found Trigg floating in the pool. He pulled him out and called 911.
Police arrived and started CPR before firefighters took over.
On July 16, Chandler Police issued a shocking update on Twitter, saying they had completed their investigation and recommended child abuse charges be brought against Trigg's father Brady.
They wrote, in part: "Following a thorough review of the evidence, investigators have recommended a Class 4 felony charge of child abuse against Brady Kiser."
On Friday (July 25), however, the Maricopa County Attorney's Office issued another update on the charges.
In a statement, they confirmed Brady will not face child abuse charges, adding that there is 'no likelihood of conviction' against him.
"Every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a ‘reasonable likelihood of conviction,'" the MCAO continued in part.
"After careful review of the evidence submitted by Chandler PD, it was determined this case does not meet that standard. MCAO’s review of the case involved the attorneys assigned to it, along with highly experienced senior attorneys and the County Attorney herself."
The statement added: "Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events."
It further explained that 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."
In a statement to PEOPLE, Kiser's attorney Flynn Carey said: "We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident.
"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.”
The news follows Emilie's lawsuit filing on May 27, asking the court to block the release of records about Trigg’s death.
In May, a judge ruled in favour of Emilie to give her temporary confidentiality on her request for privacy 'until a determination is made that balances the public’s need for information vs privacy interests', according to court documents obtained by Us Weekly.
Emilie's attorneys said she and her family 'desperately want to grieve in private, but sadly, the public will not let them'.
The lawsuit filing added: "Emilie is trying her best to be there for her surviving son, two-month-old Theodore, but every day is a battle."
They said the release of documents, including crime scene photos, the 911 call, surveillance footage of the incident, body camera footage, and autopsy reports would 'intrude upon personal dignity or cause unnecessary harm' to the family.
If you have experienced a bereavement and would like to speak with someone in confidence, contact The Compassionate Friends on (877) 969-0010.