Defense Attorney Josh Kolsrud Weighs in on the Kaiser Child Drowning Case

The tragic drowning death of 3-year-old Trigg Kaiser in Chandler, Arizona, has become the center of public attention—not only due to the heartbreaking loss, but also because of the possibility of criminal charges against Trigg’s father, Brady Kaiser. The case is under review by the Maricopa County Attorney’s Office, with a focus on whether Brady’s actions rise to the level of criminal negligence. To help the community better understand the legal complexities at play, 12 News turned to Phoenix defense attorney and former federal prosecutor, Josh Kolsrud, for expert analysis.

Civil Negligence vs. Criminal Negligence: What Sets Them Apart?

In this high-profile case, the central question revolves around whether the events of that day amount to civil—or criminal—negligence. County Attorney Rachel Mitchell clarified the distinction:

• Civil Negligence involves a failure to exercise reasonable care, resulting in harm, and is typically the domain of lawsuits for damages.
• Criminal Negligence requires a much higher bar—specifically, conduct that represents a “gross deviation from the standard of care” that a reasonable person would provide, making it worthy of criminal prosecution.

As Attorney Kolsrud explains, “What they’re going to be looking for is: was [Brady’s] distraction so egregious that it constituted a gross deviation from parental standards—or was it, however tragic, simply an accident?”

The Rarity of Criminal Charges in Child Drowning Cases

Drawing from his extensive legal background, Kolsrud highlighted an important context: “Last year, there were 20 child drownings in Arizona, and as far as I could find, there were no criminal charges filed in any of those cases.” He underscores how unusual it is for child abuse charges to emerge from such heartbreaking accidents, particularly absent evidence of extremely reckless behavior.

The Evidence Under Review

Josh Kolsrud offered valuable insight into the types of facts prosecutors must examine before making a charging decision:

• Surveillance and Prior Conduct: As the Kaisers are social media influencers, there may be hundreds of hours of surveillance footage, especially from their backyard. Prosecutors and police would be searching for patterns—Have the children been left unattended by the pool before? Were pool safety barriers, like fences or covers, routinely used or left open?
• State of Mind and Contributing Factors: Investigators will seek evidence of any exacerbating factors, such as possible intoxication or substance use, which could raise the case to a criminal level.
• Duration and Nature of Distraction: According to case reports, Brady was alone with his children and distracted for 3 to 5 minutes. Whether this short lapse is considered a “gross deviation” from standard care—or a painfully common parenting mistake—will be key to the case.

“Mitchell and her office will be looking for aggravating details—has something like this happened before? Was there any sign of recklessness, such as being under the influence?” Kolsrud notes. “But as of now, we’re speculating until more facts emerge.”

What Happens Next?

The Maricopa County Attorney’s office has not defined a timeline for a decision, nor confirmed whether criminal charges will be filed. As Kolsrud points out, “Prosecutors must be absolutely certain that the acts in question rise above ordinary negligence or parenting error. The consequences—for the family and for legal precedent—are immense.”

Key Takeaways from Attorney Josh Kolsrud

• Criminal charges for child drownings remain exceedingly rare in Arizona.
• Prosecutors must prove a gross deviation from standard care, not just a heartbreaking mistake.
• Investigations focus on patterns of behavior, use of safety barriers, and potential aggravating factors like substance use.
• Parents, especially those in the public eye, are subject to painstaking scrutiny in these tragic events.

As this case proceeds, families across Arizona will be watching for outcomes and legal guidance. Attorney Kolsrud emphasizes compassion alongside legal rigor: “It’s crucial the law recognizes the difference between a horrific accident and criminal conduct. Justice requires careful, case-by-case analysis.”