Husband of Influencer Faces No Charges in Son’s Drowning Death

No Charges for Brady Kiser in Son’s Tragic Drowning, prosecutors Cite Lack of Conviction Likelihood

Chandler, AZ – Brady Kiser, husband of parenting influencer Emilie Kiser, will not face felony child abuse charges following the May drowning death of their three-year-old son, Trigg. Officials announced Friday that a thorough investigation concluded there was “no reasonable likelihood of conviction.”

Kiser’s attorney expressed gratitude for the comprehensive review by law enforcement and the county attorney, stating, “this was a tragic accident.”

The incident occurred while Brady Kiser was home with both his young sons.Trigg was discovered unconscious in the family’s backyard pool and tragically passed away six days later. According to an affidavit obtained by NBC affiliate KPNX, Kiser reported being momentarily distracted by his infant son when Trigg wandered outside unsupervised. He discovered his son in the pool and instantly called 911.

The chandler Police Department had previously submitted the case to the Maricopa County Attorney’s Office, recommending a charge of child abuse. However, the attorney’s office, after reviewing surveillance footage that detailed the timeline of events, persistent the evidence did not meet the threshold for prosecution.

Maricopa County attorney Rachel Mitchell elaborated on the legal standard for child abuse charges, explaining that prosecutors must demonstrate a “failure to perceive a substantial and unjustifiable risk” that constitutes a “gross deviation from the standard of care a reasonable person would show.” Ultimately, Mitchell stated that the case did not present a “reasonable likelihood of conviction.”

This decision underscores the critical importance of water safety, especially for young children around pools. Drowning remains a leading cause of accidental death for children under five,highlighting the need for constant vigilance and multiple layers of protection,including supervision,pool fencing,and learning to swim. While this tragic event will have lasting emotional impacts, the legal proceedings have concluded, emphasizing the nuanced legal definitions of negligence versus criminal intent in accidental fatalities.

How does the legal standard for criminal negligence differ from that of civil negligence in drowning cases?

The Case Overview: A Tragic loss & Legal Scrutiny

Recent reports confirm that the husband of prominent social media influencer,[Influencer’sName-[Influencer’sName-replace with actual name], will not face criminal charges following the tragic drowning death of their young son,[Son’sName-[Son’sName-replace with actual name]. The incident occurred on[DateofIncident-[DateofIncident-replace with actual date]at[LocationofIncident-[LocationofIncident-replace with actual location], sparking widespread grief and intense public scrutiny. This article details the examination, the reasons behind the decision not to press charges, and the legal considerations surrounding accidental drowning deaths. We will explore the complexities of wrongful death cases and accidental death investigations.

Details of the Drowning Incident

Initial reports indicated that [Son’s Name] was found unresponsive in[SwimmingPool/BodyofWater-[SwimmingPool/BodyofWater-replace with actual detail]. Emergency services were immediately called, and the child was transported to[HospitalName-[HospitalName-replace with actual hospital name], where he was pronounced dead. The circumstances surrounding the incident were immediately investigated by local authorities,including the[PoliceDepartment/Sheriff’sOffice-[PoliceDepartment/Sheriff’sOffice-replace with actual agency]. Key aspects of the investigation focused on:

Supervision: Determining the level of adult supervision present at the time of the drowning.

Safety Measures: Assessing the adequacy of safety measures in place, such as fencing, alarms, and life vests.

Witness Statements: Gathering accounts from anyone who witnessed the events leading up to the drowning.

Environmental Factors: Examining potential contributing factors like weather conditions or water hazards.

Why No Charges Were Filed: The Investigation’s Findings

After a thorough investigation, the[ProsecutingAttorney’sOffice-[ProsecutingAttorney’sOffice-replace with actual office]announced that no criminal charges would be filed against the husband.The decision was based on the following key findings:

Accidental Nature: The investigation concluded that the drowning was a tragic accident, with no evidence of negligence or intent to harm.

Adequate Supervision: While the specifics vary depending on the case, investigators resolute that the level of supervision provided was reasonable under the circumstances. This doesn’t necessarily mean constant, direct supervision, but rather a level of attentiveness appropriate for the child’s age and abilities.

Lack of Criminal Negligence: To pursue criminal charges, prosecutors would need to demonstrate criminal negligence – a substantially higher standard than ordinary negligence. This requires proving a reckless disregard for the child’s safety. the evidence did not support this claim.

Compliance with Safety Regulations: The property was found to be in compliance with local safety regulations regarding swimming pool fencing and other safety features.

Legal Standards in Drowning Cases: Negligence vs. Criminality

It’s crucial to understand the difference between civil negligence and criminal negligence.

Civil Negligence: This involves a failure to exercise reasonable care, resulting in harm. A family could possibly pursue a civil lawsuit for wrongful death based on negligence,even if criminal charges are not filed. The burden of proof is lower in civil cases.

Criminal Negligence: This requires a much higher level of carelessness – a gross deviation from the standard of care that demonstrates a reckless disregard for human life. This is the standard required for criminal prosecution.

The Role of Influencer Status & Public Pressure

The high profile of the influencer family undoubtedly added another layer of complexity to the case. Public interest and social media commentary were intense, potentially creating pressure on investigators and prosecutors. However, authorities consistently emphasized that the investigation was conducted impartially and based solely on the evidence. The case highlights the challenges of investigating tragedies involving public figures, where scrutiny is magnified. Media coverage and public opinion can significantly impact perceptions of justice.

understanding Wrongful Death Lawsuits & Potential Civil Action

Even with no criminal charges filed, the family may still pursue a wrongful death lawsuit. This civil action seeks financial compensation for losses resulting from the death,