Manslaughter trial begins for Marysville cop
EVERETT, Wash. -- A Marysville police officer charged with manslaughter in the death of his 7-year-old daughter wept in court Thursday as his trial began.
Inside the courtroom, prosecutors laid out the charges against officer Derek Carlile.
"He did something that no reasonable person would do," said prosecutor Lisa Paul. "He did something that no person in their right mind would do."
Carlile is accused of putting a loaded revolver in a cubbyhole in the family van, then getting out and leaving his four young children inside.
Investigators say his 3-year-old boy grabbed the gun and shot his older sister while she sat in the back seat. The girl later died.
"This was an accident," said defense attorney David Allen. "This was a very unfortunate situation that had dire consequences."
Prosecutors say Carlile is a trained police officer and should have known the risks of allowing kids to be unsupervised around the gun, especially because his 3-year-old seemed fascinated with firearms. They say the child died because of Carlile's carelessness.
"The evidence will show that the defendant's guilt is complete," Paul said.
Carlile and his attorney don't dispute the facts in the case, but say it's wrong to hold him criminally responsible.
During Thursday's proceedings, jurors heard a recorded interview Carlile did with detectives. As the defendant listened, he burst into tears.
While prosecutors try to stick to the facts of the case, the defense wants jurors to think of the emotional toll of a father tragically losing his child and consider whether a lapse in judgement truly amounts to a crime.
"An open mind is crucial. Even more crucial now than perhaps we emphasized before," Allen said.
The prosecution rested its case Thursday afternoon and the defense will pick up on Friday. It's unclear if Carlile will testify.
Inside the courtroom, prosecutors laid out the charges against officer Derek Carlile.
"He did something that no reasonable person would do," said prosecutor Lisa Paul. "He did something that no person in their right mind would do."
Carlile is accused of putting a loaded revolver in a cubbyhole in the family van, then getting out and leaving his four young children inside.
Investigators say his 3-year-old boy grabbed the gun and shot his older sister while she sat in the back seat. The girl later died.
"This was an accident," said defense attorney David Allen. "This was a very unfortunate situation that had dire consequences."
Prosecutors say Carlile is a trained police officer and should have known the risks of allowing kids to be unsupervised around the gun, especially because his 3-year-old seemed fascinated with firearms. They say the child died because of Carlile's carelessness.
"The evidence will show that the defendant's guilt is complete," Paul said.
Carlile and his attorney don't dispute the facts in the case, but say it's wrong to hold him criminally responsible.
During Thursday's proceedings, jurors heard a recorded interview Carlile did with detectives. As the defendant listened, he burst into tears.
While prosecutors try to stick to the facts of the case, the defense wants jurors to think of the emotional toll of a father tragically losing his child and consider whether a lapse in judgement truly amounts to a crime.
"An open mind is crucial. Even more crucial now than perhaps we emphasized before," Allen said.
The prosecution rested its case Thursday afternoon and the defense will pick up on Friday. It's unclear if Carlile will testify.
This was not an accident. There is a difference between and accident and negligence. Accidents are not preventable.
 @Anarchy Yes Anarchy, accidents can be preventable - hindsight is 20/20 - easy to be a Monday quaterback. I agree he is 'stupid', 'should know better', etc - but I agree not to push his family over the edge of the cliff they are helplessly hanging onto by harsh punishment.Â
Have to find a middle ground here.Â
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If you never did something stupid in your life, may not be exact or close but still ... stupid that you regret with your whole heart, then throw the stone ...
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Imagine what would little Jenna would tell the court ...
I bet she would hug her dad and try to comfort him.
 @MDD Ok, then let me rephrase that, accidents based on your own negligence or carelessness can be prevented. If someone's car runs me down and I did nothing wrong, how was I supposed to prevent that? I do feel bad but this was gross negligence on his part. It was absolutely preventable.Â
He should be held criminally responsible. If it wasn't for his negligence, then his little girl would be alive. Plain and simple. As a police officer and a gun carrier, he should have known better and should be held to a higher standard than most. I'm sorry he lost his daughter but he IS at fault.
 @Tattooed_Angel Why hold him to a higher standard?
 @Tattooed_Angel So you would agree that if your child suddenly ran out into the street and was struck and killed by a passing car you should be held responsible and thrown in prison for your negligence?
 @Barlion Your comparing apples to watermelons here, Your way off!
 @DarkParty Might not even be that close, apples to giraffes maybe.
@Barlion This isn't a case of a child running out into the street and being hit by a car. This man, this father, this POLICE OFFICER left his LOADEDÂ gun within reach of his young children and as a result of his stupidity one of his children is dead and another one of his children has to live with the fact that he killed his sister for the rest of his life. Damn right he should be criminally charged and prosecuted. I'm glad to see our judicial system is finally doing something right by prosecuting this guy.
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I understand that accidents happen. If a child DID run out into the street and got hit by a car, the parent may or may not be responsible for negligence. Accidents happen and sometimes they can't be avoided. However in this instance, this little girl's death COULD have been avoided.
I never did hear what happened to the father of the three year old in Tacoma that got hold of dad's gun and killed himself. Does anyone know? . . Â These two accidents happened within a short time of each other too. If no charges were filed in that case I can't see why they would have in this one unless they are making an example of the police officer. Granted these are different counties but, same scenerio.
 @swansong68 Second degree manslaughter charges were brought against both people in that case, haven't heard or read any updates in some time though, wheels of justice turn very slow if you wave your speedy trial rights.
Police state terrorists murder citizens every day but the biased bought and paid for propoganda outlets dont report on that... This little terrorist probably had some kharma coming for crimes commited against the citizenry.
It is a case where the lawful punishment can be the penance that cleanses the soul. It makes all of us better. Others might articulate this better than I can.
I'm a bit torn on the criminal act and sentencing side of this case. Â I understand the position that the family has suffered deeply and more punishment won't help but will actually hurt. Â What he did was inexcusable, stupid, and negligent. Â He will have that pain inside his heart for the rest of his life and I don't take that lightly. Â On the other hand I absolutely detest the difference in attitudes towards a police officer and the perceived or actual preferential treatment vs other citizens who have done the same of similar things. Â Just the same I am not going to hold him to a higher standard either.
He will be a better man after he gets out of prison.
We cannot have two sets of standards one for police officers and one for civilians, very recently two civilians have been tried and conviceted of the same incident and this should be no different. If there were not a police officer the PD would be screaming to proscute the person to the fullest extent of the law.
I didn't see all this sentiment of "He's been punished enough" for the boyfriend and mother that left the small boy in a car that shot himself with a gun left inside with him. Just because this guy is a cop does not give him a free pass!
What ever happened with that one? I can't find any follow up on the story.
 @swansong68 I can't find anything recent, the last I heard was they pleaded not guilty.
http://www.komonews.com/news/local/144628945.html
I am sure the prosecutor's office has no choice but to prosecute this case, under the law. And, I would surmise, that they, too, are also parents.
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This is a defense case, a very tragic case. It is a case of a trained police officer who should have been more aware of where his gun was. He did something negligent, but not criminal. And NO AMOUNT of prison time, at taxpayers expense, will ever bring his daughter back, relieve him of his life long guilt, and ESPECIALLY serve to provide the paternal support his son needs, and will need for years, in HIS dealings with HIS childlike guilt he will suffer for the rest of his life.
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I just hope the court can see this. Removing him from the family unit, will be tragic for his wife and son.
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I don't think there is anything more powerful, than an admittedly human, accountable person, to do community service, stand up before an audience, be vulnerable and responsible, and teach other parents, educators, felons, etc. how the action, lack of action, has and will, forever, haunt them for the rest of their lives.
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There are MUCH MORE EFFECTIVE ways of "punishment" than cement walls and a 5' x 9' cell.
@Yadayada
RCW 9A.32.070 Manslaughter in the second degree.
(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person. Â Â Â Â (2) Manslaughter in the second degree is a class B felony.
So we are going to prosecute parents for every accidental death of a child now? A child chokes on food and dies -- the parent should have cut the pieces smaller. A child sneaks out and drowns in a pool -- the parent should have known where their children are at all times. A child is run over and dies when their baby brother knocks a car into neutral while moms is locking the front door -- the parent should have had the emergency brake pulled. Yes, it is easy to say no parent would ever leave a gun out where a child could grab it. The father did not leave it out on the driver's seat, he put in the cubby hole thinking that it would be safe there. If anything, I think the prosecution is going after this parent simply because they are a cop. How is justice served if this father is convicted? As a convicted felon, he will not be able to work as a police officer anywhere. The family has lost a sister/daughter, but now they also lose their father/husband/provider.
 @listenwhenyouhear you are right, there is a "someone is responsible for everything" attitude these days. People argue that a police officer should have known better, but then again, I think those who use weapons less often are more likely to be aware of it's capabilities of doing harm.Â
I wonder what the double action trigger pull on that weapon was. For revolvers its often well above 10 pounds, kind of hard for a 3yo to shoot. Did the kid know how to cock? 4 pounds can be done by a 3yo. Very tragic. If anything, I hope people are following this closely and learn.
 @Komo Dragon I saw a picture of the revolver the other day, It had a shrouded hammer so the kid couldn't have cocked it. If it was a Ruger LCR those triggers are supposed to feel quite a bit lighter than other DAO revolvers. He could have also had lighter springs or trigger work done on it, it could have been a well broken in firearm as well. I'm sure they will test trigger pull during the trial but I doubt we will ever hear the specifics.
Oh boy, the bleeding heart crowd is out in mass on this matter, police man, loaded gun, four children left alone with loaded gun, kinda sounds like a no brainer for anyone with common sense..
If this was a junkie that left a full heroine needle in his van with three kids and one of them stuck it into the older sister and killed her everybody would want the father jailed! But since it's a well to do police officer the tragic death of his daughter is punishment enough? Bottom line if he had any common sense at all this beautiful girl would still be here.
I am not sure how you find justice for this child killed by a brother who will have to live with that for the rest of his life and could have been avoided if the father had been responsible and smart about gun safety. I am not sure prison is the answer but there should be some punishment. Sending him to prison leaves a family without a bread winner. Perhaps this police officer should be required to give classes all over the U.S. explaining how his stupidity and carelessness robbed his family of a child, siblings lost a sister, grandparents a beloved granddaughter. I keep thinking how could he have been so stupid. I hate the word 'stupid' but it fits in this case. I also question the mother. She knew the gun was there for the children to access. Should she be charged? The saddest thing, after the loss of this precious little girl, is what the actions of the father have done to a small child . . . loaded his shoulders with a weight he should not have to bear. This whole family needs long time counseling. The parents needs some heavy duty parenting training . . . yes, BOTH parents. RIP, precious child. You are loved in the arms of the Lord.
@Lin19 I believe the mother saw the gun, mentioned something about it and thought that Derek had secured it. She should not be charged with anything. He shouldn't go to jail, losing his badge and his daughter as well as facing the rest of the family every day of his life will be more punishment than sending him to jail.
 @Lin19 He will punish himself for the rest of his life. It was negligence, yes, and stupidity. And a horrible horrible accident. But I don't believe he should be tried.
 @nomad @mac14 I hope you are right that he will carry this weight the rest of his life. I don't think the prosecution had a choice re putting him on trial. If they didn't much of the public would be upset that a police officer got off when another citizen would stand trial. It is a tough line and hard to know which way to go.
 @Lin19  @nomad Both of you share the most compassionate response to this great tragedy. I have no doubt that he will carry a profound level of guilt and sadness that will haunt him the rest of his life, let alone, the effect it has and will also have on his son. And no prison term will affect that life sentence and burden he will forever carry. It is his son who will need his father to be there, for him to deal with HIS MUCH MORE IMPORTANT LEVEL OF GUILT, as he grows older.
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Believe me, I know what I am writing about. I lost my 4 1/2 year old brother when I was nearly 6. I had nothing to do with his falling accident, yet, as a very young child, I thought I had something to do with his death because I was the one who found him and had to remove my roller skates in order to climb over a pile of lumber to get to him, and made the choice to take the time to put them back on in order to get home faster, to tell my parents of his unconscious condition. Of course, I was so wrong, as he died of a massive brain injury, but my childlike perception, none the less, haunted me for years. Now, compare this little episode to this officer's son's experience.
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I'm no lawyer or prosecutor, but I truly hope the court can see the difference between yesterdays headline of a recorded admission of child molestation by a father, and the prosecutors office failing to obtain admissible physical evidence, so the court dismissed the case due to "lack of material evidence", and this case. There just has to be a difference between manslaughter, negligent homicide, and a tragic accident in this Hug a Thug society.
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Shouldn't JUSTICE and prison time and expense to taxpayers, be about CRIMINAL INTENT, rather than NO CRIMINAL INTENT, but human negligence? I would wish, and I'm quite sure this officer would too, that he remain the father figure for his traumatized son, and do community service.
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I have to agree with parts the prosecutor says, this man was highly trained in gun safety, he knew his son was facinated with guns, & he should have known better to leave a loaded gun laying around where the boy could get access to it. Most people wouldnt leave a hot frying pan, or a lit candle laying around where a child could get to it. I dont know that I would call it a crime, reckless endangerment maybe. Do I think he should be let off scot free? No, but I think he should have some kind of punishment, not necessarily jail, but probation maybe. Yes he has suffered & will continue to suffer the rest of his life over this, but what happened to the other accidental shootings where a child picked up a gun that wasnt secured. If I remember right the parent(s) were charged with a crime, why should this be any different because he is a police officer?
 @Need2Know Police officers are not necessarily "Highly trained in gun safety" unfortunately. I have known police officers who detested guns and only wore one because it was a job requirement.
@Scott @Need2Know Whether they detested guns or not, police officers have still been trained in the safe use & storage thereof. This man should have known better (as really should ANYONE who owns a weapon, in my opinion) than to leave a loaded weapon EASILY available to a child who was known to be fascinated by it.
Jail may not be an appropriate punishment, in this case, but he most certainly should be charged &, I hope, convicted of at least child endangerment.
Shame on you prosecutor's, make a already punished man suffer even more. I hope the prosecutor and who ever filed the charges on this man rot in hell.Â
@@amber@ Hell is reserved for defense attorneys.
 @Throbbinhood Hell is reserved for ALL attorneys (Especially family law ones...)
"He did something that no reasonable person would do," said prosecutor Lisa Paul. "He did something that no person in their right mind would do." Yea, like YOU'VE never made an error in judgement Ms Paul? This man screwed up, yea, in a MAJOR way, and he paid for it with the loss of his child. It doesn't matter HOW long YOU lock him up, he'll never stop being punished....by himself. There are other family members involved here lady. THINK before you blindly prosecute.
 @Wolfen A little girl died because this person couldn't take care of her properly. He deserves commensurate punishment under the law, no matter the personal punishment he conveys upon himself and no matter how sad the situation. Extent of suffering, when he brought it upon himself, should not be cause for leniency.
@Jill @Wolfen Exactly. Actions require accountability. The fact someone may be suffering with the outcome is merely an unfortunate consequence. This could've easily spilled out into the public if the child decided to fire outside of the vehicle, possibly striking an innocent person.
THEN how would we be reacting to this?
What's next is our Government going to prosecute parents who accidentally run over their children? This makes me sick, these parents have suffered enough, and the son needs a father.Â
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Government need not interfere with such matters.Â
 @Sam Maley I agree with the element that protests the inconsistency. Release one, release both; jail one, jail both. Whichever it is, I don't really care. I do care about consistency though, and how the justice system makes an arbitrary distinction between two ways of putting children at mortal risk that reflect equally negligent, incompetent parenting. Whether car or gun, it's a distinction without a difference if justice is the goal.
 @wysoumible  @Sam Maley Unfortunately, lately, justice is served dependent upon social or monetary status. In this case, it's neither. Just one really BAD mistake.
 @wysoumible  @Sam Maley All he had to do was take the gun with him or lock it in the glove box. That would have been the minimal amount of care those kids deserved. If someone were to take adequate care to look round the car, including glancing back as one gets in, and somehow still hit someone, then I think the circumstances might lend leniency.
Its sad that the little girl died but I am happy that he is charge with the crime. I did not think much would come of it because he is a cop. However I do not think he should go to jail or prison. He has been punished enough with his thoughts, knowing that he put his daughter in this situation. His other children has to be torn about this also and very confuse with everything. I do not think taking the dad away will help the kids through this.
 @Just my say Agreed, well said! No justice in imprisoning this man, save the room and tax dollars for real criminals, the prosecutor should be embarrassed.Â