Emilie Kiser’s Husband Brady Could Face Child Abuse Charge in 3-Year-Old Son’s Drowning Death: Police

Emilie Kiser’s husband, Brady Kiser, could face a child abuse charge in the tragic drowning death of their 3-year-old son, Trigg.

On Tuesday, July 15, the Chandler Police Department (CPD) shared an update to X, announcing that the investigation into Trigg’s death on Sunday, May 18, was completed.

The announcement also shared that the department’s investigators recommended that Brady be tried for a Class 4 felony charge of child abuse. 

The CPD submitted the case to the Maricopa County Attorney’s Office for review. After the prosecution reviews the police file, Brady could face the charges mentioned above, and the case will return to the CPD for further investigation. However, the case could also be dropped if the prosecution decides Brady will not face charges.

The CPD’s referral comes nearly two months after Trigg drowned in the family’s backyard pool in  Chandler, Ariz., on Monday, May 12. At the time of the drowning, Brady was at home with Trigg and their newborn son, Theodore, while Emilie was out with friends, Brady told Chandler police, per AZ Central.

According to CPD search warrant applications, Brady told police he saw the toddler playing near the pool, noting that it was “not uncommon” for Trigg to do so. He also said that the pool usually had a protective cover on it.

But as Brady was caring for Theodore, he lost sight of Trigg for three to five minutes. Upon returning to the backyard, that’s when he discovered Trigg floating in their backyard pool.

Police responded to the scene and performed CPR until firefighters arrived and then assumed control of his medical care. Trigg was taken to Chandler Regional Medical Center and then to Phoenix Children’s Hospital in critical condition. 

The next day, the search warrant applications were created to obtain surveillance footage of the backyard cameras to corroborate Brady’s statements to investigators. That same day, Brady was accused by CPD investigators of committing child abuse on the day of Trigg’s drowning. 

Days after Trigg’s death, his mother, TikTok influencer Emilie, announced the tragic news to her 4 million followers.

Due to Emilie’s media persona, she filed a lawsuit on Tuesday, May 27, in Arizona Superior Court for Maricopa County to keep records about Trigg’s death out of public view, according to court documents.

In the filing, Kiser’s lawyer said that she and her family “desperately want to grieve in private, but sadly, the public will not let them,” adding that Trigg’s death “has become a media frenzy.”

On June 3, the Arizona Superior Court for Maricopa County ruled in the influencer’s favor on a separate motion she filed to keep her personal declaration private. The court order will grant Kiser temporary confidentiality on both her declaration and her larger request for privacy while the court reviews evidence to make a final ruling.

At the time, a source told PEOPLE exclusively that Kiser’s personal declaration “reflects an intensely personal account of her grief and trauma, submitted to help the court understand her perspective — not for public consumption.”

“The core legal issues remain fully transparent through public filings by counsel and the court. Emilie’s sealed declaration does not hinder the public’s understanding of the case or its legal significance,” the source says. “Preserving a small measure of privacy in the midst of public scrutiny is a reasonable and compassionate choice given the circumstances.”

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Two days later, an insider told PEOPLE that Emilie “is urging the court to keep private the footage and records related to her young son’s death – a deeply personal, and reasonable, plea to prevent the public release of the most traumatic moment of her life.”

The source noted that while the influencer’s “public profile does not negate her right to privacy,” it also doesn’t “make her son’s death a matter for public consumption.” Adding, “Public agencies have received over 100+ public records requests for the footage of a toddler’s death, which only serves to satisfy morbid curiosity more than any type of justice.”

On Wednesday, July 9, the CPD and Maricopa County Office of the Medical Examiner requested an exception to the ruling in order to exchange records and documents with each other, as a result of attempting to conclude their investigations. No ruling has been made public regarding the latest motion, per AZ Central.