Emilie Kiser's husband Brady will not face child abuse charges after their son Trigg, aged 3, died in swimming pool accident at their home

The Maricopa County Attorney's Office (MCAO) announced the decision in a statement on Friday (July 25), and said that there is "no likelihood of conviction" against Brady.

"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. "After careful review of the evidence submitted by Chandler Police Department, 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."

Brady’s attorney Flynn Carey said in a statement shared with People. “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.”

Trigg, was involved in an accident on Monday May 12 in the swimming pool at the Kiser’s home near Gilbert and Riggs roads in Chandler, Arizona, United States. He was rushed to hospital later the same day in a critical condition, but he died on Sunday May 18.

Trigg was the eldest child of 26-year-old mum influencer Emilie and her husband Brady, who have been married since 2019. His sudden and untimely death came less than two months after Emilie gave birth to the couple’s second child - a son called Teddy, who was born at the end of March.

The little boy’s death was confirmed by Chandler Police Department the day after his passing. The department told US Weekly: “The investigation into the circumstances surrounding this incident remain ongoing.”

On Tuesday, July 15, Chandler police announced that their investigation into Trigg's death was completed. The department shared their recommendation that Brady be tried for a class 4 felony charge of child abuse.

It came after USA Today reported in June that “Brady told police he was watching their newborn when their 3-year-old son Trigg fell into the backyard pool and accidentally drowned, according to search warrant applications obtained by The Arizona Republic, part of the USA TODAY Network.” He said he lost sight of Trigg for three to five minutes; upon returning to their yard, he discovered the toddler floating in the pool, according to CPD search warrant applications.

Emilie, who has millions of followers across her social media pages, 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.

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

Emilie has more than one million followers on Instagram and three million followers on TikTok. Her bio reads: “Just sharing my life + what makes me happy”. In the two months since her son’s death Emilie has not posted on any of her social media pages. She has also disabled comments on her previous posts, meanwhile Brady has made his pages private. The couple have not released an official statement about their son’s death.

Many of Emilie and Brady’s loved ones have also remained silent including her sisters Alexa, Meghan and Maddie. Emilie’s best friend, fellow influencer Avery Woods, quietly returned to social media in June and fans noticed she had included a tribute to the little boy. However, her post seemed to have been deleted shortly after she posted it.

Trigg would have turned four years old on Monday July 14.