Police have recommended the husband of influencer Emilie Kiser be charged over the drowning death of their toddler son Trigg.

Brad Kiser was looking after the three-year-old and the pair’s newborn son Theodore when Trigg was discovered floating in the family pool on May 12.

Social media star Emilie, who is known for her lifestyle content on TikTok, Instagram and YouTube, was out with friends at the time.

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Mr Kiser told police he lost sight of the toddler for three to five minutes before he found him, according to search warrant applications obtained by The Arizona Republic.

Trigg had gone to the backyard after he had finished eating. Mr Kiser said he saw him playing near the pool, which was not unusual, but was “soon distracted” by his newborn.

Mr Kiser told police the next time he saw Trigg, he was in the pool. He jumped in to save him and called 911.

First responders administered CPR at the home before rushing the toddler to the hospital in a critical condition. He died six days later.

“After a thorough review of the evidence, we have submitted the case to the Maricopa County Attorney’s Office for further review and any potential prosecutorial decisions,” a statement from the Chandler Police Department read.

A felony charge of child abuse was recommended however the Maricopa County Attorney’s Office will have the final say on whether any charges are laid.

Under Arizona law felony child abuse is when a person who is caring for a child causes them to suffer a physical injury or places them in a situation where they are endangered.

A first-time felony offence in Arizona carries a minimum sentence of 1.5 years in prison.

In late May, Emilie who has more than 4.6 million followers across her online platforms, launched legal action to bar the public release of records about Trigg’s death, claiming they could be used as a “weapon of emotional harm”.

“Emilie is going through a parent’s worst nightmare right now,” the lawsuit read.

“She lost her young son, her three-year-old Trigg Chapman Kiser on May 18, 2025, following a heartbreaking accidental drowning at the family’s home on May 12, 2025.

“Emilie is trying her best to be there for her surviving son, two-month-old Theodore. But every day is a battle.”

She said more than 100 applications had been made to access the records, which “presumably reveal graphic, distressing, and intimate details of Trigg’s death that have no bearing on government accountability”.

“To allow disclosure in these circumstances would be to turn Arizona’s Public Records Law into a weapon of emotional harm, rather than a tool of government transparency.”

The lawsuit is ongoing but after a June 3 hearing the parties in the case agreed to an interim order prohibiting the dissemination of the public records, USA Today reports.