Marysville cop's manslaughter trial goes to jury
MARYSVILLE, Wash. -- In a last-minute move, a Marysville police officer accused of manslaughter in his daughter's death decided against taking the witness stand, leaving his fate in the hands of the jury.
The facts of Derek Carlile's case are not in dispute; the jury will have to decide whether his actions were a tragic lapse in judgment or an act of criminal negligence.
Prosecutors say back in March, 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 7-year-old sister.
"No reasonable person would leave a loaded unsecured gun in a van with four children," said Lisa Paul, the prosecutor handling the case.
But Carlile's attorney calls it a tragic mistake, not a crime. The defense team hinted that Carlile may tell his side of the story on the witness stand. In the end, jurors only heard his sobs.
"Emotion comes out in these cases. It's just something you can't keep out of a trial, and how it will affect the trial -- it's hard to say," said defense David Allen.
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.
The defense attorney calls it a momentary lapse in judgment, but the prosecutor says Carlile is guilty of criminal negligence.
The prosecutor says Carlile knew his son was fascinated by guns, and as a police officer, understands firearm safety better than most. She believes Carlile's grief is heartfelt, but asked jurors not to be swayed by the officer's tears.
"And it's your duty now to not let sympathy for the defendant play into your deliberation," Paul said.
The issue for jurors is whether they can isolate those facts from the raw emotions they saw displayed over the course of the trial.
"This is obviously an emotional case. And people are human, and I'm sure it's going to be difficult for the jury," said Chief Criminal Deputy Prosecutor Joan Cavagnaro.
The jury will resume deliberations on Tuesday.
A guilty verdict could put Carlile behind bars for more than two years, but the judge has the discretion to impose a lighter sentence.
The facts of Derek Carlile's case are not in dispute; the jury will have to decide whether his actions were a tragic lapse in judgment or an act of criminal negligence.
Prosecutors say back in March, 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 7-year-old sister.
"No reasonable person would leave a loaded unsecured gun in a van with four children," said Lisa Paul, the prosecutor handling the case.
But Carlile's attorney calls it a tragic mistake, not a crime. The defense team hinted that Carlile may tell his side of the story on the witness stand. In the end, jurors only heard his sobs.
"Emotion comes out in these cases. It's just something you can't keep out of a trial, and how it will affect the trial -- it's hard to say," said defense David Allen.
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.
The defense attorney calls it a momentary lapse in judgment, but the prosecutor says Carlile is guilty of criminal negligence.
The prosecutor says Carlile knew his son was fascinated by guns, and as a police officer, understands firearm safety better than most. She believes Carlile's grief is heartfelt, but asked jurors not to be swayed by the officer's tears.
"And it's your duty now to not let sympathy for the defendant play into your deliberation," Paul said.
The issue for jurors is whether they can isolate those facts from the raw emotions they saw displayed over the course of the trial.
"This is obviously an emotional case. And people are human, and I'm sure it's going to be difficult for the jury," said Chief Criminal Deputy Prosecutor Joan Cavagnaro.
The jury will resume deliberations on Tuesday.
A guilty verdict could put Carlile behind bars for more than two years, but the judge has the discretion to impose a lighter sentence.
As others have commented, this is a tragic story. I feel for this family immensely. Also.... as others have said, if it were someone else that wasn't in law enforcement there wouldn't be the outpour of.... he's a victim also. He is an officer and should have known better than anyone not to leave a loaded gun accessible by his or anybody else's children. Also, why were the parents not in the car with the children and the gun? They had to have been away from the car for a significant time for this little boy to have gone through the car, found the gun and pulled the trigger. Really? Can a child pull the trigger of a gun? So, the bullet was already int he chamber and ready to fire. That is criminal of this officer.
 If it were someone else they would get offered more than 2 years as punishment for the crime and there wouldn't be any hesitation and/or thought to the families grief for their father and husband who may be going to prison. For good time he'll get at least a 1/3 off his sentence, knocking his time down to 16 months. As a policemen he will get even less time as he is held higher than the average citizen. His time will be cut into half or less than a year if he is required to serve even a day. In prison he will also not be put into the average citizen area. Law enforcement get put into segregation so the people he has put into prison don't come after him. He will be taken care of better than the average offender. I believe this is a completely unjust system and completely wrong.Â
Derrik Carlile is a Family man. Church going, honest, trustworthy, respectful. He is a productive member of society. As a cop, he deserves our respect and condolences.
His Family have suffered enough one of the most tragic losses of a life time. Losing a.Child is one of the greatest pain anyone should  ever have to endure. Everyday he & his wife  & Children have to endure the pain of losing Jenna. Just think about it, he has to walk past her bedroom everyday. What do you think he is thinking, & feeling??  What if this horrible accident happened to you or your Family?????
Enduring to the end is enough punishment in it's self.Â
It never should of even gone this far, to court. It is a waste of our tax payer's money & a waste of the court's time. Come on!  What good would it do?  Next the prosecutor's will be charging his 3 year old son.
He loses his freedom unable to support his wife & children, lose his job, then his house & it just spirals down hill from there! His family would have to go on Welfare, get State Medical, etc.
It would do no good. Losing a daughter is more pain &  punishment than I could endure?
There is no forgetting. He & his family will never heal, the pain & suffering is already to great.
Our Community would be the loser & would suffer a Quality, a Great Mentor & a fine example of Great family man. A Coach to our youngsters. Our Community  need's more men like him.
What  is the Prosecutor trying to prove, Or are they saying I'll  show them & why your at it can I have a raise with another won under their belt.
It's a life sentence for the man to know that his mishap has led to an eternal scar that will never, fully heal. He does deserve to be punished for his negligence. However, I think it's more important to heal with the family and possibly do things that will help prevent such events like this to happen in the future among other families.
Can't even imagine the guilt he will have to live with for the rest of his life. That being said, he knew better than to leave a loaded gun out like that; he has to be held responsible as any other citizen would be. Sad story and should not have happened.
If he wasn't a cop all of you would want him tared and feathered.. If this was Joe citizen you would be saying hang him high... this is a very sad case and I feel for him but his actions led to the death of a 7 y/o girl and can't be over looked... Being an officer he should know better then leaving a loaded firearm around children... this is a lose lose
situation,.. I'd bet if he was working a case and this happened to Joe citizen and they told him to go arrest that individual he would do it without hesitation.. shoes on the other foot now..
all this is going to do is make his son commit suicide earlier in life. will the prosecutor take issue with that also or charge himself for murder. know good is going to come of this, He did screw up and now his son is going to know he destroyed his family and will turn to drugs and maybe death bye cop. SUGGEST YOU READ THE FIRST CHAPTERS OF CHUCK YEAGERS BOOK SAME THING HAPPENED IN HIS FAMILY. HIS BROTHER PULLED THE TRIGGER AND DIED AN EARLY DEATH, AND HE HAD GUILT INTO HIS ADULTHOOD.
accept responsibility you douche and plead guilty. The public of common sense does not care 'that the family has been through SO much" ...fact of the matter is that any person with half a brain would NEVER leave a gun within view of any child. The fact the guy is a cop puts that burden on him even more to ensure it does not happen. shameful. HE should have spared his family further grief and just gone to jail. He would have been OUT by now.
 @lisamba09 Nothing really personal, but I disagree with your using "douche" in your statement. Maybe looking in the mirror? I agree he made a mistake, and even that as a police officer he knew better. BUT, sometimes looking at the character of the man/woman needs to be taken into account as well. This was a horrible accident. Maybe even preventable. But, he will pay the price for the rest of his life. So will his son. Jail is the wrong answer in this case, as it might be in other cases against a "Joe Schmoe". His family could very well be damaged as a result of that long in jail. He needs their support and they need his. Just my opinion.
I'm sure this man would voluntarily go to prison for life if it would bring his daughter back. Leave the guy alone.
 If "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," then why are we having a trial? He should just have pled guilty and "accepted resonsibilitty".
 @scared_citizen I would like to think it is because he still needs to provide for the family.Â
As a father he has my sympathies - unspeakable pain. From a legal perspective, of course he is guilty, every case of carelessness that leads to another persons death, especially your own child, need to be prosecuted, publicized, drawn through the media. It is incredibly painful, but it will hopefully save another child from a similar incident. It may sound strange, but I actually believe Mr Carlile himself might be just a tad better off - going forward - after he pays his "debt to society". It sounds twisted, I know, but there may be a psychological benefit for him. Â Â
Here is an idea for punishment for him, make it to where he has to go to all the high schools and during the Assembly he talks about what happen. He teaches the kids about consequence from their actions.Â
How sad. Â I'm surprised they aren't charging the 3-year-old son with murder. Â What a waste of taxpayer dollars.
 @Tim Lane you mean "try as an adult because of the gravity of the crime"?
I agree that it was a tragic accident. The father has paid enough of a price simply by knowing that it was his lapse in judgement that caused the death of his 7 year old princess. Theyve been through enough
STK I agree. I don't see how throwing this dad in jail will help his family at all. I could understand his losing his job, having some kind of hefty fine and community service - but not jail. This family needs to heal - together - as a family unit.Â
 @Poodlemom Throwing a father in jail hardly ever helps his family. But it may help some else.
It was a tragic accident. Leave this family alone. They have suffered enough.
@STK Yes they have suffered. But if this guy wasnt a LEO, would you feel the same? If this was a black lesbian would you feel the same? Yes, it was tragic, but he still has a responsibility and debt to society for the poor decision he made to leave that loaded gun in the van with his kids.
@EMDF9A This has nothing to do with race or sexual orientation. And don't think he is getting off easy because he is an LEO.  It's just the opposite nowadays.   It's about a father who lost his daughter due to his own actions. He has to live with that painful truth forever. In some ways, this is a life sentence.
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@STK If the shoe fits
@EMDF9A You are full of it. Just because I oppose to R-74, I'm a bigot, racist, a hater, etc. Just because I oppose changing the terms "bride" and "groom" to Spouse A and Spouse B, I'm a bigot, racist, and a hater.
@Kanaka I made reference to race or sexual orientation as a dirrect challange to STK. If you see his posting history, he has a history of being homophobic racist bigot. (Look at his comments on the marriage equality thread) He also has a posting history of supporting LEOs (Like Ian Burke and Shandy Cobane) who have killed people or acted with great disreguard for civil rights.
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I stand by my statement, that although this man and his family have and are suffering greatly, it still does not absolve society of having to hold him accountable.  Within a week of this incident there was also a similar incident in Tacoma... but the people imvolved happened to be minorities and not LEOS... and they threw the book at them. In order for justice to be fair and appropriate, this man needs to be treated the same.