carlile980.jpg
Officer Derek Carlile (center), leaves a courtroom in Everett Tuesday as his defense attorney, David Allen (right), speaks to reporters. (Brandi Kruse Photo/KIRO Radio)

Judge declares mistrial in manslaughter case against Marysville cop

BY Brandi Kruse  on November 12, 2012 @ 5:43 pm (Updated: 9:59 pm - 11/13/12 )

A Snohomish County judge has declared a mistrial in the case of a Marysville cop accused of causing the death of his daughter.

The jury - four women and eight men - were unable to reach a verdict after two days of deliberation.

Officer Derek Carlile, 31, was charged with second-degree manslaughter for the March 10 shooting death of Jenna Carlile, 7.

Carlile, his wife and their four children were on their way to a wedding 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 and stepped out of the car with his wife, Forrest.

Moments later, their 3-year-old son, Steele, grabbed the gun and fatally shot his sister.

The prosecution had argued that the case was one of criminal negligence, and therefore, Carlile should be found guilty. In her opening statement, Deputy Snohomish County Prosecutor Lisa Paul said Carlile was aware that his 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.

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.

After only four hours of deliberation on Friday, the 12-member jury of eight men and four women told the court they were at an impasse and unable to reach a verdict that day.

The judge ordered the jury to return Tuesday to try again.

The jury, however, was unable to come to a consensus after roughly six hours of deliberations Tuesday and returned deadlocked.

Judge Thomas Wynne granted a defense motion for a mistrial.

Seven jurors believed Carlile was not guilty, four believed he was guilty and one was undecided.

A new trial date was set for Jan. 29, but prosecutors say they will carefully consider the evidence before deciding whether to move forward.

"They can try this case 10 or 20 times, and I don't think they'll do any better than a hung jury," said Allen, who spoke to reporters outside the courtroom. "I'm hoping very much the prosecutor will decide to drop the case. That's the only right decision at this point."

Carlile and his wife stood next to Allen, but declined to make a statement. The two wept as they left the courthouse.

KIRO Radio's Tim Haeck contributed to this report.

Brandi Kruse, KIRO Radio Reporter
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
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Comments (20)


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  • myopinion wrote...
    I thnk that
    November 13, 2012 8:00 am
    This is a bunch of crap, this cop totally screwed up and t cost him his life. But if the public thinks that this is just a "lapse" in judgement that is even more stupid. This guy was a cop, he had training and if anyone should have known better it should have been him. And if anyone thinks that he shouls walk, they are even more stupid. We cant have two standards if the guy in Tacoma that stopped at a gas station and his son got out of his set an found his firearm, ultimately killiing himself, is either in less of a hell than this cop is, is mistaken. Because he is in jail, he was convicted of the very same crime that this cop is on trial for. Therefor this cop should be held to the very same standard, not a different one because he is in hell, this is a hell he created, by his own "lapse" of judgement. Take out the emotion, if not for his "lapse" of judgement this never would have happened.
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  • WAmovesRight wrote...
    Hold on "My Opinion"...
    November 13, 2012 8:29 am
    ... Are you saying just because you're a police officer you can never in your lifeturn make a mistake? Seriously?

    I agree they should be held to the same standard but why do we have to say the citizen at the gas station got the right treatment. For crying out loud. He have overcrowded jails as it is. These respectable law abiding citizens who made a horrible mistake. They are living the rest of their lives with this as it is... Is the public that thirsty for blood?

    He's got three other children and a wife... Should we go ahead an blow that family even further apart when they need each other more than ever?

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  • calapete wrote...
    It is a tragedy
    November 13, 2012 9:00 am
    But Carlile must be convicted.

    we have too many cases of irresponsible gun owners today. I'd like to see those who have their guns stolen charged as well.

    Too much complacency today in regards to guns

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  • WAmovesRight wrote...
    You are correct... and incorrect.
    November 13, 2012 10:44 am
    your comment "we have too many cases of irresponsible gun owners today". You're correct that even one case is too many. You are grossly incorrect that it's a high percentage of gun owners.

    From what I can see, this police officers is not an irresponsible gun owner... he is a solid citizen who had an irresponsible moment. This is what you folks screaming for his blood are missing.

    Why must Carlile be convicted? Will it really make a true irresponsible person more responsible? Will it bring the child back? Will it make life easier on his remaining gamily? What good will it really do?

    Again, if he showed a pattern of irresponsible behaviors leading up to this then maybe... but that is not what's being seen righ tnow.

    As has been so aptly stated, the man is serving a life sentence. Let him be a father to the rest of his fammily. They need him more thna ever.

    One more thing. His marriage and family CAN make it through this storm if they stick together.

    What a sad tragic story.

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  • itiswhatitis wrote...
    already living a life sentence
    November 13, 2012 9:50 am
    As a cop, he made a horrible mistake. As a parent, he has to live with the fact his horrible mistake cost him one child, he has to live with the other child that caused the tragedy, this could cause his marriage to end and he has to relive that moment and every decision leading up to that every day of his natural life. He's already living a life sentence. He can do more good, by making sure this doesn't happen to others.
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  • Tagger68 wrote...
    Think about it...
    November 13, 2012 2:11 pm
    The purpose of jail is to punish and rehabilitate someone. In this case what will you accomplish? Conviction/jail time will only make this tragic accident even worse. He loses his job, gets ripped away from a family that needs to heal, the family is added to the welfare rolls. He's already living a life sentence and will never forgive himself for a horrific, momentary mistake. I see no benefit of conviction in this case. I can almost guarantee that he will be the safest cop on the streets and will never forget the pain and suffering he caused. I think these situations need to be examined one-by-one based upon their own circumstances. I don't recall all of the details in the Tacoma situation, but it would be fair to look at the specifics before determining how that case should be handled. What is the history of the parents -- are they typically responsible gun owners, or are they more like the mother of the boy who brought the gun to school and shot the girl thru his backpack? How long were they out of the car? Where was the gun? Was the kid asleep when they left the vehicle, etc... You need to better understand those facts before you rush to judgment.
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  • otherpointofview wrote...
    good points
    November 13, 2012 2:33 pm
    everyone here makes really good points.. AJ's point is very fair.. everyone should be held to the same standards and it's fair to say that officers of the law should be held to higher standards. i can't imagine the guilt and hurt this guy must be going through right now and to put him in jail doesn't make much sense either..but then that goes for the two other dads in jail right now for the exact same crime, mistake, lack of judgement etc. to say that one guy had a history of negligence over this cop isn't probably entirely true either; the cop probably has a history of leaving his gun unattended in the car as well..which is probably why his son knew exactly where to go to grab that gun. I'm a gun owner myself with little ones.. you don't just leave your firearm lying around unless its a habit that you develop. it's a sad case..either send him to jail or release everyone who's ever been convicted of negligent/accidental discharge of a firearm.
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  • WAmovesRight wrote...
    No true...
    November 13, 2012 10:48 pm
    It is possible to leave your hand gun in a compromised position one time with it not being a habit. I know somebody who did just that (no, it was not me...) However, I am the one who noticed it and they were mortified. I KNOW they are usually very careful with their handgun... but they got distracted just for a second. So, it does happen.

    As I understand it, one of the civilian dads did inded have a history of gross negligence. In that case, yes, they should be punished. I don't know the other case you guys are referring to. If it was an isolated incident, then he should not have been convicted... period.

    I would be incredibly shocked if this police officer EVER repeats this error again.

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  • xplanes wrote...
    @calapete
    November 13, 2012 3:46 pm
    You are an idiot. Charge a gun owner for being robbed or burglarized? That's right up there with charging a rape victim because she was dressed too provocatively. How about charging burglars and other property crimes like they are a threat to peaceable people and get off the backs of lawful gun owners?
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  • Troll Hunter wrote...
    A tragic MISTAKE???
    November 13, 2012 4:47 pm
    Are you people serious? The officer was blatantly negligent and that negligence cost his childs life. He, as a police officer trained in gun safety, is to be held to the same if not higher standard than the rest of us. Basic gun safety training teaches to NEVER leave a loaded weapon unattended, especially around children. Carlile violated that very important rule and the consequences were tragic. If I were his spouse I would lay all the blame at his feet where it belongs and leave him. He didn't have an irresponsible moment which should be overlooked by society, he made a highly irresponsible decision he was taught not to make and therefore MUST face the consequences for that decision. If he is not, then we as a society must demand that any other person incarcerated for the same thing be immediately exonerated released. We as a society CANNOT allow there to be a double standard for law enforcement, they are not above the laws they enforce.
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  • sportsguru wrote...
    So
    November 13, 2012 6:55 pm

    If I have a clean driving record but one day make a mistake and kill a pedestrian I should be able to go free and go home because it was a horrible mistake,lol.

    Hyprocrisy much!!! This guy should go to jail just like the other father's who got in trouble for allowing there handgun's to hurt someone, because you are a cop don't make it any different.

    You people have lost all reality for what living by the law of the land is suppose to represent. If you let cop's get away with manslaugher, why not let everybody get away with manslaughter. He can thing about what he did while in jail.

    Get a rope

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  • dexterjibs wrote...
    Glad to hear, but I wish it was Not Guilty
    November 13, 2012 7:27 pm
    This guy is living a life sentence for the loss of a child. Sometimes situations are not criminal offenses worthy of prison time. May the cop hating trolls wishing this guy would be found guilty simply because he is a cop never be in a situation like this.
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  • fuster wrote...
    Same Standard for Everyone
    November 13, 2012 8:28 pm
    I have to concur with AJ and TrollHunter on this. The guy messed up on a criminal level, plain and simple. If you or I did this, we'd be prosecuted for it and convicted of criminal negligence. Maybe the end sentence is not that much time but the conviction stands. This is not about feeling sorry for him and his family. It is about applying the law evenly to everyone. If you feel this fella should be let off the hook, then you need to write your lawmaker and ask Olympia to rewrite the criminal statutes. While you're at it, ask them to include the "feeling sorry for me" defense, and the "I ate too much junk food (aka 'the Twinkie defense') defense".
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