According to a search warrant affidavit obtained by NBC affiliate KPNX of Phoenix, Brady Kiser said he was distracted by his infant son when the toddler wandered outside. Brady Kiser told officials he discovered his son unconscious in the pool and then called 911.

Officials with MCAO said after careful review of police evidence, they determined the case does not meet the standard of having "a reasonable likelihood of conviction."

The husband of social media influencer Emilie Kiser will not face a criminal charge in the drowning death of their 3-year-old son, Trigg.