Mistrial declared in former Marysville cop’s manslaughter case
MARYSVILLE, Wash. -- The manslaughter case of former Marysville police officer Derek Carlile has been declared a mistrial due to a hung jury.
The judge had asked members of the jury if they could reach a consensus within a reasonable amount of time. When they said no, the judge declared the case a mistrial.
Carlile had been on trial for the death of his 7-year-old daughter. Prosecutors said Carlile left a loaded gun in his van with his four young children. His 3-year-old son grabbed the weapon and unintentionally shot and killed his sister.
Carlile's attorney, who called the incident a tragic mistake -- not a crime, said the jury, though split, was leaning heavily in Carlile's favor.
"It came down to the question of criminal negligence. The majority of the jury felt that there was not criminal negligence, and it was not a crime; it was a mistake, one of those momentary lapses," said defense attorney David Allen. "It was 7-4-1, so it was very strong in our favor."
The attorney said Carlile and his family have suffered immensely since losing their daughter.
"Derek accepts responsibility and is at fault for leaving a firearm in his car on March 10. There's no question about it; Derek screwed up. He knows that," said Allen. “They have faith in the system ... and they’re hopeful, as we are, that the case will be dropped and they can go on living their lives.”
The prosecutor said Carlile knew his son was fascinated by guns, and as a police officer, understands firearm safety better than most.
"No reasonable person would leave a loaded unsecured gun in a van with four children," said Lisa Paul, the prosecutor handling the case.
The prosecutor will review the evidence in the case before deciding whether to retry Carlile.
The judge had asked members of the jury if they could reach a consensus within a reasonable amount of time. When they said no, the judge declared the case a mistrial.
Carlile had been on trial for the death of his 7-year-old daughter. Prosecutors said Carlile left a loaded gun in his van with his four young children. His 3-year-old son grabbed the weapon and unintentionally shot and killed his sister.
Carlile's attorney, who called the incident a tragic mistake -- not a crime, said the jury, though split, was leaning heavily in Carlile's favor.
"It came down to the question of criminal negligence. The majority of the jury felt that there was not criminal negligence, and it was not a crime; it was a mistake, one of those momentary lapses," said defense attorney David Allen. "It was 7-4-1, so it was very strong in our favor."
The attorney said Carlile and his family have suffered immensely since losing their daughter.
"Derek accepts responsibility and is at fault for leaving a firearm in his car on March 10. There's no question about it; Derek screwed up. He knows that," said Allen. “They have faith in the system ... and they’re hopeful, as we are, that the case will be dropped and they can go on living their lives.”
The prosecutor said Carlile knew his son was fascinated by guns, and as a police officer, understands firearm safety better than most.
"No reasonable person would leave a loaded unsecured gun in a van with four children," said Lisa Paul, the prosecutor handling the case.
The prosecutor will review the evidence in the case before deciding whether to retry Carlile.
This case should be retried. This little girl is dead because of this man's negligence. If he wasn't a freaking idiot and left a LOADED weapon within reach of children, his little girl would still be alive. It is his fault that she is dead and he should pay for her death.
 @Tattooed_AngelÂ
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You do not always think when you do something, Tattooed Angel. Apparently, in your opinion, one mistake should have someone going to jail for 25 years, which is what would happen here.
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The jury was leaning the right way. Yes, this is a tragedy. Yes, a little child is forever gone..... but punishing this man and ruining his life and that of his family will NOT bring her back.
Sending the guy to jail isn't going to fix anything, but I don't think the guy needs to get of the hook either. He should not be on administrative leave and he should have been fired and never let back in law enforcement. Also never allowed to carry a gun again. As he has shown that he is not responsible.
How about a years tour going to gun safety classes telling people why they don't leave guns laying around.
I live right between Marysville and Stanwood and I'd like to know that that the officers are responsible!
Well, as far as I know, the mother who's 9 year old son took her boyfriend's gun to school and it went off hitting a little girl in the stomach, hasn't even had charges against her or the boyfriend - and they weren't even supposed to have firearms! And, the mom in Tacoma who's little boy got a gun from under the seat and then (I believe) shot himself, has not faced any charges. Sure, ANY parent (police or no) should know better. Sure, it's extreme negligence. But, with the exception of the parents of the boy who took the gun to school, these families have enough pain in their lives, and have to live without that child forever. I think they probably already learned their lesson - in a very hard way. Jail or prison is not going to change that or bring the child back.
We don't know what the jurors were and were not allowed to see and hear. You need to remember that the jurors are given instructions to only formulate their decision on what is presented in the courtroom. Not what is on TV or in the papers. That's the way the system works. Deal with it.
Considering this situation, I would expect that this unfortunate instance would end with the same results, right? Â Probably not. Â http://www.king5.com/news/local/3-year-old-boy-killed-in-accidental-shooting-case-142598826.html
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While this is/was a horrible accident, the parent made the irresponsible decision to leave a loaded firearm within reach of a child. Â These jurors need to be educated with the law and how it pertains to a case such as this one.
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Two days = hung jury? Â What? Â Are they missing reality tv up there? Â Embarrassing!!
 @d_2 My fear is that - despite all protests - the prosecutor really did not try to prove the case and was hoping for an acquittal where she could just shrug this off and say "the jury". Prosecutors do not like to charge police officers... no matter what the officers do... and they do not seem to make a real effort to get convictions in those cases where they feel they must file. Consider Paul Schene, Ian Burk, Troy Meade, etc. Unless an officer is caught plotting and planning a robbery or a murder, prosecutors are pretty reluctant to go after them even if the public at large is demanding it. Prosecutors consider police officers - even abusive police officers - to be "on their side" in a war of evil perpetrators like pot smokers (well, that may be out the window now...) and jaywalkers.
They had better let the others off too then! This cop is a disgrace and should have known better. Stupid stupid stupid!!!
 @Stryker But this is how our system works, no 2 juries will always make the same decision.  We saw the officer shooting in Everett go before 2 different juries with almost the exact opposite results.  The problem with this for me is that it gives a mixed message to the public, was this negligence or not?  Even if we think the law is black and white a jury may rule differently.  I think some on the jury are also concerned with the sentencing part, they feel like many here that the officer and his family don't deserve any more punishment and the only way to make sure of that is to rule not guilty, even if they truly believe he violated the law.Â
@oledawg @Stryker
It took over 70 posts, but I see somebody finally hit the nail on the head. Well said, oledawg. Jurors are human beings. Sometimes they rule with their heads and other times with their hearts.
 @Central Many seem to think that if this person is found not guilty that it sets a precedent of some sort that means other juries will do the same, don't bet on it.
A jury of his peers... not cops, Citizens. 12 people selected after two days of weeding through 120 potential jurors. If you think Lisa Paul did not do everything she could to put him in prison then you obviously know nothing about the case or trial other than the half facts Komo puts in their stories. Lisa Paul was selected for this case because her husband is Mark Roe. They wanted to make a statement with Mr. Carlile and tried very hard to do so. Lisa Paul is as cold hearted a person as I've ever seen and this was no exception. Cop haters will continue to hope for more stories like this to spread hate.
 @Snohoboss If Paul is the wife of Mark Roe, then her real mission is undoubtedly to make this case go away as expeditiously as possible without creating a conflict between Roe and police and while appearing to be "tough on crime". She is likely trying to appear cold-hearted and shark-like, but she is also likely to withhold incriminating evidence and avoid citing laws which the jury could use to convict - for example not offering lesser alternative charges such as gross criminal negligence which jurors might be more comfortable agreeing upon. County prosecutors especially just do not like to charge and try police, with whom they work closely on so many criminal cases: it seems like biting the hand that feeds them. It may well be that Lisa Paul was trying to gain an acquittal or at least a mistrial by over-charging and then under-prosecuting the case - foisting the "blame" onto "twelve good citizens and true".
If he wasnt a cop he would already be in prison  double standards  . Re try him in a court out of this area . If you dont want to inforce the law then rewrite it too say cops not included
@armchairquaterback  They already have too many laws written (and unwritten) that say cops are exempt.
Wow! Reading these comments it's know wonder he got off! I can't believe people compare this to a zip line accident or a child getting run over! He loaded a hand gun with no safety and left it with very young kids! That is no accident! That's criminal.
""It came down to the question of criminal negligence. The majority of the jury felt that there was not criminal negligence, and it was not a crime; it was a mistake, one of those momentary lapses,""
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Of course it was a mistake... Give me a freaking break. This was beyond a doubt criminal negligence, but not in Washington. Here we call these monumental 'eff ups a 'mistake' and the criminal, oops how insensitive of me, the mistaken party, receives their court ordered hug and box of kleenex and asked very nicely to be more careful next time.
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Does it sound harsh? You're d@mn right it should. This idiot, trained in handling firearms safely, left his gun where a kid got a hold of it and a kid is dead. If this happened to you me or any other joe schmoe, I'd buy the 'mistake' excuse. I wouldn't be happy about it but it would be understandable. This however did not happen to just anybody. This happened to a police officer. An officer who has had more training with firearms than you or I. He has had more opportunity to use his weapon on the range than the average joe. He is also in the line of work where he is constantly reminded about how important firearm safety is. All of that and he 'forgot' and 'made a mistake'?!? No effin way. He should have been found criminally negligent in his actions that led to the death of a child. But again, not here. Here's your hug officer, please be more careful next time. Jack hole.
No need for a retrial. It will result in another mistrial. The family suffered enough for the mistake. Losing a child is enough punishment.
This little girl's death was his fault entirely and he should suffer the consequences. If it wasn't for his negligence she would still be alive. I don't feel sorry for him because it was HIS little girl that died. What if his 3 year old had pointed the gun at someone else and they were killed? Just because it was his own family member doesn't mean he should get a free pass for his mistakes.
But if it was someone other than a Cop you would be in prison already . If you dont want to inforce the law rewrite it too say cops not included. Yep sad the child died I get that .
@armchairquaterback Case by case. This is his first offense and it is highly unlikely this will repeat. He is not a criminal. Hard lesson learned.
 @STK Lots of first offenders go to prison for lesser offenses. This man violated a public trust and should be held accountable to a HIGHER - not lower - standard.
Isn't this the same county that found the police innocent of killing the guy in the parking lot sitting in his car, shouldn't be a surprise to anyone...
 @Windowseat Yep. Troy Meade, accused of first degree murder of Niles Merservey, was acquitted of all criminal charges. Of course the proper charge would have been manslaughter but Meade was a cop so the prosecutor had to find a way to get him acquitted.
 @Furd Meade was another case where the prosecutor deliberately over-charged and under-prosecuted. Meade may have actually committed first degree murder, but some might see it as second-degree or simply as manslaughter. By failing to give the jury an option of a lesser charge or charges, the prosecutor effectively guaranteed an acquittal or at the very least a hung jury. Same in this case. The prosecutor here DOES NOT WANT a conviction!
 @Furd No, murder DOES NOT require premeditation! In fact, that is what Second Degree is all about: unlawful killing in the absence of evidence of premeditation. In the Meade charges, however, there should have been a Second Degree charge and also have been a manslaughter option.
 @JLS1950 In Meade's case there might have been a secondary charge of second degree murder, I don't remember. Even if there had been, murder requires premeditation and I seriously doubt that any prosecutor could prove premeditation in that case.
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In the case at hand I feel it was a miscarriage of justice, pure and simple. I agree with you that in neither case did the prosecutor's office want a conviction.
For those calling for blood. Did not a child die a little while back on a zip line? Should those parents be sent to jail also for leaving it unattended? Cop or not use your heads people!
@Grumpa The zip line death was a freak accident. No one's negligence caused that accident. However this "officer of the law" failed to follow safety protocol that resulted in the death of his little girl. He was negligent and should suffer the consequences of his actions.
 @Grumpa Big difference between a parent who buys a pre-packaged zip line kit without apprehending all potential dangers - and a police officer fully trained in firearms safety who very recklessly violates all the rules thereof. Also, there are specific laws about leaving a firearm unattended, whereas there are none such regarding a zip line.
Wow. Â I had no idea I was in the company of so many people who have never done something wrong. Â This case is so sad and certainly makes me wonder how many times I did things that may have put others in jeopardy without realizing it.. Â Â I can tell you that as a young person I drank, then drove as many of us did, whether you all will admit it or not. Â I have broken the speed limit. Â I have run stop signs, missed seeing people in crosswalks, etc. Â Sometimes the only difference between someone like me and someone like Mr. Carlile is that his story ended in tragedy. Â It could have easily been any one of us. Â Him being a cop doesn't make it different. Â It simply makes it more newsworthy. Â If he wasn't a cop, we wouldn't be hearing about it nearly as much. Â Â How about the Tulalip woman who neglected her children until one died....not an accident, and yet she is being charged with what will, at best, garner her 1 year in jail. Â Those of you who think he's getting off because he's a cop need to do your homework. Â Â
@Maggie1 Mistakes are often made and those who make the mistakes should suffer the consequences of their actions. This little girl's death is ENTIRELY his fault and he should be held accountable, plain and simple. If he wasn't negligent then this poor girl would still be alive.
 @Maggie1 I have also made mistakes which fortunately have not gotten anybody hurt, just like many of us have, I'm sure. But in regards to your statement," I had no idea I was in the company of so many people who have never done something wrong" I think what you are is among people who have done something wrong and gotten punished for it, or who know people who have gotten more than a slap on the wrist for "mistakes" they made. I'm not saying that because he is a police officer that he should get a harsher punishment than the average Joe. I am just saying that if he is getting off with no punishment (sentence wise), then everyone who makes these types of mistakes, under the same, or similar circumstance should too.
This story, and every story like it, is heartbreaking. I understand the family is already going through a lot with this, and the loss of their daughter, and sending him to prison would probably not solve anything. However, there has been more than one case where a child reaches for a gun and something tragic happens. How can we show the consequences of being negligent if nobody gets punished?
p.s.  I am a strong supporter of our 2nd Amendment right, so I do not think outlawing guns is the answer.Â
 @WAREZ2012 I agree to a point however, to listen to these folks you would believe no one has ever done anything that might have resulted in similar results.  I simply call BS.  And if you were to look at the "similar" cases you would find there were extenuating circumstances that led to a more severe outcome..  i.e., convicted felon that wasn't supposed to have a gun to start with.  I  think this case is being drawn out in the media far more because he is a police officer.  You don't see every other headline beginning with "Marysville Accountant"  etc.  This is being played out harder because of his profession.  He's still just a man who is a husband and father first.  Â
Get a competent prosecutor. Keep the cops away from the jury.Â
I don't care if he is a cop or not, bottom line is he was NEGLIGENT by leaving a loaded gun in the car with three small children. Yes, it was a mistake, but mistakes have consequences. Nobody is saying he did it on purpose, we all know how much his family has suffered, no doubt about it. However, he should have to pay for his actions just like every other non-cop citizen would have to. I understand people might say he already paid with the death of his daughter, and I believe that. It must be devastating. However, he also needs to face the law for his actions.Â
@WAREZ2012
He was definitely negligent in the same sense that any other parent, who through some slip, has allowed harm including death to come to their child. He has to live with that. This prosecutor has a real burr under her saddle. There is no way this qualifies as manslaughter.     Â
 @oldster70 The only "burr" under this prosecutor's "saddle" is the public outcry over under-prosecution of police officers. She is trying to throw this case as "gracefully" as she possibly can. Which is the REAL travesty of justice here.
 @WAREZ2012Â
He did face the law and the jury of his peers were not convinced that it was a crime.
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Cases happen like this all the time where juries decide not in favor of the masses. Â The only reason that this one is getting more coverage is because he was a police officer. Â He did not get off because he was a police officer but because the jury did not see the elements of a crime weren't met.
 @realdeal599 No, they were merely not convinced it was THIS crime! They were not offered a lesser charge on which to agree, and I strongly suspect that was deliberate. This prosecutor DOES NOT want a conviction on this, and so is stacking the charges to force an acquittal. Yet despite that, some jurors were actually voting to convict: that should tell you something.
It it really not so important that this grieving father spend time behind bars: a suspended sentence on a lesser felony would be more than appropriate so long as it prohibited him from EVER owning a firearm or serving as a police officer again!
Then the verdic would have been a straight NOT GUILTY but in this case it was a hung jury . If you had left that gun in the car  you would be in prison tonight
Mistrial? Are you kidding me? Maybe they let him off easily because he's a cop. Seriously though, the similar event in Tacoma led to manslaughter charges for the family. This is injustice. Derek Carlile is responsible for his kids and when he left a loaded gun unattended in his car, with 4 children inside, that was very irresponsible. He should now be responsible for the death of his daughter. Yes, he probably feels terrible but does that excuse him of having to face the consequences and future charges due to his actions? This is completely ridiculous.
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 @the unvarnished truth  How about some unvarnished sources? Preferably something a little more solid than wikipedia or the random shriek of "Google it!"
 @the unvarnished truth  @Koreanman012Â
You are nuts and have watched way too much TV.
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With as many cop haters that are on this board...and assuming that the average population is represented on this board...then they would have convicted him JUST BECAUSE HE WAS A COP.
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There must not have been the facts necessary to prove that there was a crime 'beyond a reasonable doubt'.
hung jury and not guilty are two different verdics
 @Koreanman012 Jury nulification.
I don't recall as much sympathy for the parents of the three year old that stopped for gas in Tacoma and left a gun under the seat. Â The child found it and killed himself. Â Both parents are charged with manslaughter. Â IMO, the outcome of both causes should be the same if there is truly equal justice for all.
Didn't they have criminal backgrounds and should not have had a weapon in the first place?
 @Grumpa No, the man held a legal carry card.
 @Grumpa exactly.....
 @NWNative Have those people been CONVICTED of anything yet? Being charged, just like this officer is no different. The differences are JURIES deciding guilty or not guilty..It has nothing to do with the "system".
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 @NWNative Precisely. It is well past time we stopped giving police officers a "by" when they act recklessly and kill someone - whether their own child or not!