Emotions high as manslaughter case against Marysville cop heads to a juryon November 9, 2012 @ 12:18 pm (Updated: 8:19 am - 11/10/12 )
At 4:17 p.m. Friday, jurors told the court they were at an "impasse," and unable to agree on a verdict that day. Defense attorneys asked the judge to declare a mistrial, but the judge refused.
"The judge wasn't going to let them be deadlocked after such a short time, so he wants them to come back Tuesday and continue deliberations," said David Allen, a defense attorney for Officer Derek Carlile. "Sounds like it might be a hung jury, but we'll have to wait and see."
Closing arguments began before noon on Friday in what turned out to be a short, but emotional two-day trial.
Carlile, 31, his wife and their four children were on their way to a wedding on Saturday, March 10 when they made a stop at a friend's antique shop in Stanwood.
According to prosecutors, Carlile left his off-duty weapon in a cup holder between the front seats, with his children still in the car.
The gun was loaded.
While standing with his wife outside the van, Carlile told police he heard a "pop" and ran to the vehicle to find his daughter slumped to the side.
While he administered CPR, she later died of a single gunshot wound to the abdomen.
The prosecution has argued that the case is one of criminal negligence, and therefore, Carlile should be found guilty of second-degree manslaughter. Their challenge, as KIRO Radio's Brandi Kruse reported from inside the courtroom, was to persuade the jury to overlook the tragic loss Carlile already suffered.
In her opening statement, Deputy Snohomish County Prosecutor Lisa Paul said Carlile was aware that his 3-year-old son had a fascination with guns, and had the ability to get out of his car seat without help. He shot his sister "as you would reasonably expect," she said.
Defense attorney David Allen called it a "momentary lapse" in judgment, not criminal negligence.
He said Carlile was obsessed with gun safety and carried his own weapon during off-duty hours to protect the public.
Allen said Carlile accepts responsibility for what he terms a "terrible accident," not a crime.
The 12-member jury of eight men and four women is expected to deliberate through the day Friday and will return after the holiday weekend should a verdict not be reached before 4:30 p.m.
Emotions ran high in the courtroom during both days of trial.
On Thursday, Carlile sobbed during opening statements. As the state made their final arguments, it was Carlile's wife who failed to hold back tears.
KIRO Radio's Brandi Kruse and Tim Haeck contributed to this report.
Soda Pop Stop
The mayors of Seattle, New York and about a dozen other cities want to ban this
High Altitude Upgrade
The state's highest outhouse atop Mount Rainier is getting a badly needed upgrade
A Skeptic's Doubts
An ESPN columnist doubts Russell Wilson will ever be elite
Bonneville Media encourages site users to express their opinions by posting comments. Our goal is to maintain a civil dialogue in which readers feel comfortable. At times, the comments can descend to personal attacks. Please do not engage in such behavior. We encourage your thoughtful comments which: have a positive and constructive tone, are on topic, are respectful toward others and their opinions. Bonneville reserves the right to remove comments which do not conform to these criteria.