MYNORTHWEST NEWS

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

Nov 9, 2012, 12:18 PM | Updated: Nov 10, 2012, 8:19 am

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.

Please follow our Community Guidelines

MyNorthwest News

pho restaurant...

MyNorthwest Staff

Beloved pho restaurant closing on Bainbridge Island after nearly 20 years

A pho restaurant that has served the Bainbridge Island community for nearly two decades is closing its doors as its owner has decided to retire.

3 hours ago

whatcom county...

KIRO 7 News Staff

Whatcom County man found to have died from a blow to the head

Cole Hilton was found unconscious with a blow to the head on the side of the road in Whatcom County.

3 hours ago

baggage claim sign...

James Lynch

Suspicious item prompts closure of SEA baggage claim; reopens after bomb squad clears package

A suspicious item prompted a brief closure of several baggage claim carousels and nearby doors at Seattle-Tacoma International Airport (SEA).

4 hours ago

cost guard plane crash...

Brooke Griffin, KIRO 7 News

Coast Guard details rescue of Kenmore Air floatplane crash survivors

KIRO 7 is learning more about the emergency response to the Kenmore Air floatplane crash off the San Juan Islands on Thursday.

5 hours ago

car fire...

MyNorthwest Staff

All northbound I-5 lanes reopen after 5-vehicle crash sparked car fire

All lanes on I-5 north have reopened after they were blocked due to a car fire caused by a crash involving two semitrucks and three cars.

5 hours ago

baby doll...

Katrina Guischard

A 3-year-old boy and his baby doll are showing millions what it means to raise empathetic kids

A toddler is teaching the internet a lesson about empathy with a baby doll.

6 hours ago

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