Police have recommended charges in the drowning of influencer Emilie Kiser’s 3-year-old son, Trigg Kiser, who was found unresponsive in his family’s backyard pool in May.

“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,” the Chandler, Arizona, Police Department said in a statement Thursday.

According to police, Emilie was out with friends while Brady was at home with 3-year-old Trigg and their newborn son at the time of the drowning.

“Chandler PD arrived on scene first and found an unconscious 3-year-old boy that was pulled from the backyard pool,” said the fire department.

Brady claims he turned around for “three to five minutes” before finding his son Trigg floating in their pool. He said he was distracted by the infant, while Trigg passed away six days later.

The Chandler Police Department has now formally recommended that the Maricopa County Attorney’s Office charge Brady with felony child abuse, which carries potential penalties of 1-3.75 years, according to Fox News.

Police did not share why they thought Kiser should be charged.

“What Chandler [police] is suggesting that they could prove that this young man essentially failed to perceive a substantial risk that the toddler could drown,” local defense attorney David Black told KPHO.

Black, who is not connected to this case, said prosecutors will need to prove Kiser was negligent.

The boy’s mother, influencer Emilie Kiser, has over 2 million followers on Instagram and over 4.1 million followers on TikTok, she filed a lawsuit in May to prevent the details of Trigg’s death from becoming public.