Emilie Kiser’s Son Was in Backyard Pool for 7 Minutes Before He Was Found: Report

Emilie Kiser’s son, Trigg Kiser, was in the pool for seven minutes before his father, Brady Kiser, discovered him unconscious. 

The 3-year-old boy was found in the backyard pool of the influencer’s home in Chandler, Ariz., on Monday, May 12, after his father, Brady, discovered him floating in the pool. Trigg died in the hospital six days later.

Brady previously told authorities he was tending to the couple’s newborn son, Theodore, and was distracted when he lost sight of Trigg for three to five minutes. However, according to a Chandler Police Department report, Trigg was “playing around the unsecured pool and unable to swim.”

“It is clear from the video that he did not go into the water intentionally, rather, he tripped and fell in while playing with an inflatable chair,” the report read.

Trigg was in “the backyard unsupervised for more than 9 minutes.” According to the report, Trigg was in the water for about 7 of those minutes.

“Brady’s statements do not match what is seen on the video; he did not accurately describe [the incident],” the report said.

Brady told authorities that he saw Trigg playing outside near the pool, which was “not uncommon,” and was out of his sight for “approximately five minutes.” 

The family’s pool typically had a protective cover on it. Still, according to the report, investigators learned the family removed it to “enjoy the pool,” and it had not been replaced.

Before the police report was released, on Wednesday, July 16, Chandler Police recommended Brady face a class 4 felony charge of child abuse. However, on Friday, July 25, the Maricopa County Attorney’s Office announced that he would not face child abuse charges and said that there is “no likelihood of conviction” against Brady.

Shortly after Trigg’s death, Emilie filed a lawsuit on Tuesday, May 27, requesting to block records about Trigg’s death from public view. Her filing stated that the City of Chandler and the Maricopa County Medical Examiner’s Office had received more than 100 requests for access to public records related to the incident.

On Tuesday, June 3, the Arizona Superior Court for Maricopa County ruled in Emilie’s favor on another motion she filed to keep her personal declaration private. She was granted temporary confidentiality on both her declaration and her larger request for privacy while the court reviewed evidence to make a final ruling.

But, after the Maricopa County Attorney’s Office announced it would not charge Brady, her legal team requested to remove details from two pages of the aforementioned Chandler Police Department (CDP) report. The decision was due to concerns that the details of the case could be used to create “disturbing” content, such as reenactments with artificial intelligence.

On Friday, Aug. 8, the Arizona Superior Court for Maricopa County ruled in Emilie’s favor on her request to remove the two pages.

In a statement to PEOPLE, Emilie’s attorney Shannon Clark states that the two censored pages describe the fatal tragedy. “We’re grateful to Judge Whitten for carefully balancing the important interests at stake and allowing a narrow but meaningful redaction to the Chandler police report, removing two pages that detail the graphic final moments of Trigg’s life.”

The statement contiuned: “These redactions do not alter any material facts of the accident, but they protect the dignity of a little boy whose memory should reflect the love and light he brought to the world.”