Emotions high as manslaughter case against Marysville cop heads to a jury

BY KIRO Radio Staff  on November 9, 2012 @ 12:18 pm (Updated: 8:19 am - 11/10/12 )

A jury will return Tuesday to continue deliberations in the case of a Marysville cop accused of causing the death of his 7-year-old-daughter, Jenna.

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.

KIRO Radio Staff, Staff report
Straight from the newsdesk.
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Comments (8)


  • Add A Comment

  • maplefish wrote...
    So Very Sad!
    November 9, 2012 1:38 pm
    This poor Family will NEVER recover from this. Jailtime will never bring this little girl back and will never heal the wounds and broken heart that will forever haunt this poor man.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • BikeNazi wrote...
    Cops must be held to a higher standard
    November 9, 2012 3:01 pm
    This government sanctioned clown carries a weapon full-time as his JOB. He should receive a harder than normal sentence for being an idiot, dead daughter or not. Otherwise the cases against Eric Vita and Jahnisha McIntosh in Tacoma and the 9 year old in Bremerton who shot his classmate should be dismissed too.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • DonVigo wrote...
    Shame on anyone...
    November 9, 2012 3:13 pm
    ... Who thinks they have the right to judge this poor family. Seriously, yeah, he is a trained professional, and it was a very poor choice to leave his gun in the car... But YOU tell the wife and surviving children that not only do they have to cope with the loss of their child/sibling, but now their father as well. If you wish suffering on top of that kind of initial suffering, you're a terrible, terrible person. If the life lost was one related to you, you may have some right to such vitriol... But to just send such aweful illwill not just towards this officer, but his family... Shame...
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  • dori monson fan wrote...
    so this guy has already received a punishment worse than any possible sentence
    November 9, 2012 4:04 pm
    the courts could ever hand down and we want to punish him more and ruin his life even further why exactly? dude made a mistake, but has and will forever pay the price. but no that's not enough, we really need to stick it to him huh? we'll teach him a lesson!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • R L M 456 wrote...
    Just a Thought
    November 9, 2012 4:15 pm
    I also know that NO worse punishment could ever fall upon the man that knows he may be the reason for the death of his own child

    BUT

    If all the facts were the same , but the bullet were to have hit a friend of his own child, a friend that was riding with them---

    Then I wonder if the many people who think this should be forgiven in a court of law,

    I wonder if the sympathy would be as great.

    the Others child, would have been just as dead, as his own

    would that have been more wrong???

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sportsguru wrote...
    Get a rope
    November 9, 2012 5:08 pm
    What this guy did was criminal, if a kid get's into some poison at home, the parents gets charged and go to jail for negligence and if the kid dies it's manslaughter. I think the gun makes it worse. Get a rope and a tree and hang this idiot.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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