Back in May, as TikTok influencer Emilie Kiser’s son tragically drowned at their home in Chandler, Arizona, a police report states that her husband, Brady Kiser, was not fully attentive.

The report disclosed that moments before discovering their son Trigg, aged 3, unresponsive in the pool on May 12, Brady Kiser had been engaged in placing a $25 bet on Boston Celtics player Jayson Tatum achieving over 40 points in game four of the Eastern Conference semifinals against the New York Knicks.

“The evidence suggests Brady’s focus was split, and he failed to supervise the critical moments,” the report noted. “In two interviews, he couldn’t recall what [Trigg] was doing before the incident and did not witness [Trigg] struggling to stay afloat.”

Emilie Kiser’s husband, Brady, was at home watching their three kids when Trigg drowned. (EmilieKiser/Instagram)

Upon police arrival, Trigg was unresponsive. The report describes how several first responders attempted CPR in efforts to revive the young boy at the scene.

The boy was taken to the hospital and died six days later. 

The report mentions that Kiser informed some investigators that Trigg had been unsupervised for merely three minutes, while others were told five minutes. 

Last month, the Chandler Police Department proposed class 4 felony child abuse charges against Kiser, but the Maricopa County prosecutors chose not to file these charges.

“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,” they wrote.

The Chandler Police Department recommended a Class 4 felony charge of child abuse against Brady Kiser in the drowning death of his 3-year-old son, Trigg Kiser. (Emilie Kiser/Instagram)

“Every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a ‘reasonable likelihood of conviction.’ 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,” it continued.

Emilie Kiser has filed a lawsuit against the state to block the release of investigative records and other documentation related to her son’s death.