On Friday, Maricopa County Attorney Rachel Mitchell announced that Brady Kiser will not be charged in his son's drowning.
Mitchell says he will not face charges "because there is no reasonable likelihood of conviction."
Earlier this month, the Chandler Police Department submitted the case for review, where they recommended the father be charged with one count of child abuse.
Officials say Brady was home alone with his two children when 3-year-old Trigg Kiser was found in the family's backyard pool on May 16; he later died days later at the hospital.
"Surveillance video from outside the home showed how the drowning occurred and the actual timeline of events. 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. Every case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a “reasonable likelihood of conviction,” a release stated.
The Maricopa County Attorney's Office determined the case did not meet the standard for charges.
"MCAO’s review of the case involved the attorneys assigned to it, along with highly experienced senior attorneys and the County Attorney herself. Given a court order, no additional details can be discussed at this time."
