Social media influencer Emilie Kiser leaves her husband, Brady, in charge of their two small boys, 3-year-old Trigg and 5-week-old baby Theodore, while she goes out for a much-needed dinner with friends.

Brady is feeding the baby a bottle when Trigg finishes his dinner and heads outside to play in the backyard.

Brady is sitting in a chair, feeding the baby a bottle, while he watches Trigg playing in the yard. The 3-year-old is in the grass area of the backyard near a blow-up slide, a playhouse by the swimming pool, and an elevated portion where the hot tub is located.

Brady says he went into the house to get a drink, and when he went back outside, Trigg was in the water of the swimming pool.

Setting the infant on the ground, Brady takes off his shirt and dives in the pool and grabs Trigg, who is unconscious and not breathing.

Rushing him into the house, Brady lays Trigg on the floor and begins doing CPR while simultaneously calling 911. Blowing air into the child’s mouth, Trigg vomits food and water.

The 911 call gets police and fire rescue on the way. When police arrive, they take over doing chest compressions, and Brady goes outside and retrieves baby Theodore.

Brady tells police he was only away from Trigg for moments, not minutes. He is very specific on this: moments, not minutes. After more questioning, he says he may have been away for three to five minutes.

After a two-month investigation, the Chandler Police Department says they are recommending a felony charge against Brady Kiser in the drowning death of his three-year-old son, Trigg.

The Class 4 felony charge of child abuse against Kiser was submitted to the Maricopa County Attorney’s office.However, the Maricopa County Attorney’s Office opted not to charge Brady Kiser because the case did not meet the standard of a “reasonable likelihood of conviction.”

Joining Nancy Grace today:

Additional Guest

Josh Kolsrud  – Criminal Defense Attorney and Former Assistant U.S. Attorney, Founder of Kolsrud Law Offices; Facebook and YouTube @KohlsrudLawOffices

“Crime Stories with Nancy Grace” is also a national radio show on SiriusXM channel 111, airing for two hours daily starting at 12 p.m. EST. You can also subscribe and download the daily podcasts at iHeart Podcasts.

[Feature Photo: Instagram]