Brady Kiser, a Chandler man, will not face charges in the drowning death of his son, Maricopa County Attorney Rachel Mitchell announced. The case, which has caught the attention of the local community, revolves around the tragic incident that took the life of Kiser's 3-year-old son, Trigg Kiser, in the family's backyard pool last May. After an in-depth review by the Maricopa County Attorney’s Office (MCAO), they concluded there was no "reasonable likelihood of conviction."
As obtained by the Maricopa County Attorney's Office, the incident was closely looked into when the Chandler Police Department brought forward the recommendation to charge Kiser with Child Abuse, which is classified as a Class Four Felony. When the drowning occurred, Kiser was at home alone with his children. Surveillance video captured from outside the home detailed the sequence of events that day, shedding light on the sobering realities families sometimes face when a moment's inattention turns tragic.
To secure a conviction on such a charge, prosecutors are pressed to show beyond a reasonable doubt that the accused "failed to perceive a substantial and unjustifiable risk" and that such failure indicated a "gross deviation from the standard of care a reasonable person would show." This formidable legal standard ensures that not every heartbreaking incident results in criminal charges, reflecting the complexity of justice when it rubs against the human condition.
MCAO's decision was informed by a considered analysis involving senior attorneys and the County Attorney herself. Despite Chandler PD's submission of evidence favoring prosecution, the evidence did not suffice to meet the threshold required for a successful conviction. The office's commitment to this rigorous review process, as their release states, “[Every] case submitted to the Maricopa County Attorney’s Office is evaluated using the same standard: whether there is a 'reasonable likelihood of conviction.” In this case, that standard was not met, according to the professionals who rule with the law's scale and sword.
Per a court order, details surrounding the evidence and the decision-making process stay under wraps for now. The community is left to grapple with the realities of a young life lost, and the knowledge that not all tragedies culminate in the courtroom drama of a conviction.
