Prosecutor drops charge against cop in daughter's shooting death
MARYSVILLE, Wash. -- Prosecutors have dropped the case against a Marysville police officer who was charged with manslaughter in connection with his daughter's shooting death.
The case against Officer Derek Carlile went to trial earlier this month, but ended with a hung jury.
In court documents filed Tuesday, Snohomish County Deputy Prosecuting Attorney Lisa Paul asked that the charge against Carlile be dismissed because prosecutors do not "believe that another jury will be able to reach a unanimous verdict."
Carlile had been charged with second-degree manslaughter after his daughter, 7-year-old Jenna Carlile, was killed in the family's van on March 10.
Investigators said Carlile was off duty and headed to a wedding with his wife and children when they stopped at an art studio in Stanwood. Carlile and his wife left the children in the family van while they dropped off business cards. Carlile's loaded personal handgun was also in the van.
His 3-year-old son grabbed the weapon and unintentionally shot and killed Jenna, officials said.
Prosecutors argued that as a trained police officer, Carlile should have known the risks of allowing kids to be unsupervised around the gun, especially because his young son seemed fascinated with firearms. They said the child died because of Carlile's carelessness.
"No reasonable person would leave a loaded unsecured gun in a van with four children," Paul said during the trial.
Carlile's attorney called the shooting a tragic mistake, not a crime.
"Derek accepts responsibility and is at fault for leaving a firearm in his car," defense attorney David Allen said as the case went to the jury. "There's no question about it; Derek screwed up. He knows that."
Allen said the jury in the case was split, but 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," he said.
The case against Officer Derek Carlile went to trial earlier this month, but ended with a hung jury.
In court documents filed Tuesday, Snohomish County Deputy Prosecuting Attorney Lisa Paul asked that the charge against Carlile be dismissed because prosecutors do not "believe that another jury will be able to reach a unanimous verdict."
Carlile had been charged with second-degree manslaughter after his daughter, 7-year-old Jenna Carlile, was killed in the family's van on March 10.
Investigators said Carlile was off duty and headed to a wedding with his wife and children when they stopped at an art studio in Stanwood. Carlile and his wife left the children in the family van while they dropped off business cards. Carlile's loaded personal handgun was also in the van.
His 3-year-old son grabbed the weapon and unintentionally shot and killed Jenna, officials said.
Prosecutors argued that as a trained police officer, Carlile should have known the risks of allowing kids to be unsupervised around the gun, especially because his young son seemed fascinated with firearms. They said the child died because of Carlile's carelessness.
"No reasonable person would leave a loaded unsecured gun in a van with four children," Paul said during the trial.
Carlile's attorney called the shooting a tragic mistake, not a crime.
"Derek accepts responsibility and is at fault for leaving a firearm in his car," defense attorney David Allen said as the case went to the jury. "There's no question about it; Derek screwed up. He knows that."
Allen said the jury in the case was split, but 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," he said.
Take that all of you inconsiderate idiots!!!!! whats right is right and it prevailed again here. he is not guilty of criminal behavior. it was a tragedy and he will live with it forever- any of you who believe differently - are just plain stupid.
 @TinCup66 so you believe the parents of the boy who took their gun to school and who accidently shot his classmate should be let off the hook too?
 @fumblefacedolt  @TinCup66 This man is a police officer, he has every right and reason to have a gun. Though, as a police officer you should be a prime example of gun safety. Albeit, losing a child the way he did is punishment enough. I think he's learned his lesson, and he will never be the same man. Just as if he had gone to prison. Except now, he's not taking up our jail space or being held in a harsh environment. He has people to rally around him.Plus, he's got other kids! This is the best way a situation could have played out.
 @Svetka Svetka The only reason I believe jurors were hesitant to convict this person is because of something you said, they were factoring in further punishment and like many here think he has been through enough.  Not whether he was guilty of the crime he was charged with.  That is why people bring up a different victim, same negligent act but put a dead stranger on the sidewalk and see how the reactions would differ.Â
 @Svetka Svetka  @fumblefacedolt  @TinCup66 Doesn't sound though that entrusting him with a weapon was a right thing to do, now was it? Svetka's argument still boils down to the same old thing: you should be treated differently if you're wearing a funny costume for work.
While I believe he should be held accountable for his negligence, I also agree that it would be very difficult for a jury to find a unanimous agreement in this case, especially after a jury has already failed to do so. In this case, I agree with the prosecutor's decision.
If this guy wasn't (1) a cop and (2) white, he'd do hard time.  Let's recognize the racial bias here (btw I'm white - Irish, actually) and realize this guy committed felony stupidity.
 @nutz2u Don' t turn everything into a racist case.
Going forward, he could do some good by traveling and sharing his experience with the gun-owning public. It would be painful but also memorable. Or any other activity to promote gun safety.Â
 @Komo Dragon Personally I wouldn't listen to this idiot if he came in to talk to me about gun safety.  I would walk out.
 @oledawg that may be different for people who didn't follow the story
I totally get that this officer lost his child, which is tragic.. But on the flip side of that, Â he needed to be held accountable for it as it was of his own doing. If it would have been a civilian we would be sitting in jail right now!!Â
I guess it's good to be a sheperd rather than a sheep right now.
After the government fails and your currency is worthless, do yourself and your neighbors a favor... take out the sheperds. Your neighbor will share his food willingly, your shepard will take it from them at gunpoint.
come on, did anyone really think this would end differently?
Momentary laspse???  Kids in the car, the firearm is on safe with the mag either out but accessible, or unlatched, AND an empty chamber either way.  This would be if the kids had access, which obviously they had.  This was negligence, resulting in manslaughter with a firearm.  If they can make up charges, so can I..
Wow talk about brothers taken care of brothers huh. Lets see how the bremerton case turns out where the little girl got capped in the class room and they want to hang the kids dad because he owned the gun. There is absolutely no difference at all in the cases. Lets all sit and watch.
 @FILO BEDO There are actually a few differences if you look at the cases more closely..
If a parent is driving drunk with their child in the car and they get into an accident that results in the death of their child, should they be held criminally responsible or do you let them off scot-free because they lost their child?
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You put their butt behind bars because their negligence and stupidity resulted in the death of their child.
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The same logic should apply to this father. He was negligent and his child is dead. He should be held responsible just as a drunk driver would.
This is BULL-FREAKING-CRAP!!!
This is UNBELIEVABLE!!!!! This person should of been locked up a long time ago just like the other people who shared the same similar HORRIBLE ACCIDENTS!!! The fact he is a cop, the book should of been thrown at him!!! The fact he got off, the fact the jury said what they said..... the others who were prosecuted and are currently in jail SHOULD BE LET OUT!!!!!!
 @Leah Morse The elected Snohomish County Prosecutor selected his own wife to kidd-glove this case - charging high and prosecuting low so there would not be evidence enough presented to the jury and they would acquit. Yet despite that, the jury deadlocked, with several members holding for CONVICTION!
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This case was rigged from day one, and both the Snohomish County Prosecutor AND his lawyer wife are as dirty as mud in all this!
so now the precedent has been set for future and current untried cases for all citizens of all colors and it states if you leave a gun in your car and your children are injured or killed by that gun, you will not be held liable in a court of law.
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To give anyone a punishment other than that is to question how we treat people of ethnicity and position in society.
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If we cannot even punish someone who of all people should know better, than joe citizen should be held to the exact same standard whether he is white, black or any other difference from this white police officer.
Well, Â my father was in the Army and he treated any weapon as a loaded weapon even someone said it had no bullets because he knew that's how accidents happen. Â He never brought any of his army rifles or guns home nor did we have any weapon in the house. Â A police officer with young children should know better. Â
"Carlile's attorney called the shooting a tragic mistake, not a crime."????????????????????????????? Please tell me how this is any different than the parents of the boy in Kitsap County being charged with a crime after he brought a gun to school and accidentally shot a classmate? Double standard! http://www.dailymail.co.uk/news/article-2115736/Mother-boy-9-accidentally-shot-classmate-pleads-guilty-firearms-charge.html
THIS IS NOT ABOUT BEING A COP OR NOT! ITS ABOUT THE TRAGIC LOSE OF A BEAUTIFUL LITTLE GIRL! WHAT HAPPENED WAS TRAGIC! BUT FOR GOODNESS SAKE PEOPLE ITS TIME TO PULL YOUR HEAD OUT OF YOUR BEHIND TAKE A BIG BREATH GET SOME OXYGEN TO YOUR VERY SMALL BRAINS AND GET A GRIP!! SADLY ACCIDENTS HAPPEN. THATS WHY THEY ARE CALLED ACCIDENTS! SAYING HE KILLED HIS LITTLE GIRL IS DISGUSTING! SHAME ON ALL OF YPU!!! YOU HAVE NO IDEA WHAT LOOSING A CHILD DOES TO A FAMILY! SADLY I KNOW A COUPLE OF FAMILYS THAT HAVE!! YOU HAVE NO IDEA WHAT ITS LIKE!! SO SHUT UP!!
 @fedup911 "Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil."
Because of this crooked favoritism in "prosecution", more children and innocent bystanders will now also die.
@fedup911 She is dead BECAUSE of him! It is HIS FAULT!
 @Tattooed_Angel  @fedup911 You are correct and there will never be a day of his life  that he doesn't remind himself of that. That is a harsher punishment than any sentence a Judge can give him. Why send him to prison? The child who pulled the trigger needs both of his parents badly now...or he will end up in prison later and the cycle begins. We let terrorists go free...so why are we wanting to crucify this man? Just because he is a cop? Yes he should have known better....but you can never change yesterday.
 @fedup911 This is precisely about being a cop! Two boys get their hands on poorly stored guns and each use them to shoot another kid. In this case, where a cop's child KILLS a girl, charges get dropped. In the other case, where the child of somebody who is not a police officer wounds a girl, prosecutors keep the case up until the end.I wish you were right - I sincerely wish it wasn't about being a cop. If it was not about being a cop, then both civilians and law enforcement would be treated the same in the eyes of the law. But, of course, that is not the case.
 @Thinking Person  @fedup911 Obviously you didn't read the article. He was charged and the result was a hung jury. The prosecutor is basing the dropping of charges on the results of the first trial. These were not cops on the jury, just ordinary citizens. If he believes the second trial will have the same result all he is doing is wasting time and money. No preferential treatment was given. Read and comprehend before you post.
 @SimpleMan Obviously you do not understand that a hung jury means a prosecutor did not do her job and needs to try again... HARDER. This officer was charged too high and given a lowball prosecution in a deliberate attempt to create a full acquittal, and STILL the jury deadlocked, unable to fully acquit. A little more effort and a more appropriate charge, and this reckless "public servant" would now be a convicted felon who could never so endanger a child or the public again. Probation or a suspended sentence would be appropriate punishment, but a felony conviction would protect the public from this cop as well as be a warning to others like him.
Lol, the cop haters are out in force tonight.
@Common Sense Who gives an eff that he's a cop? I'd feel the same amount of outrage if a civilian did the same thing that freaking idiot did by being negligent and causing the death of his child.
 @Common Sense it's not cop hating to say he was most likely given a break because he was in fact a white cop.
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sorry but it's simply it is what it is.
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we live in a racist country where people of color are not treated the same as others. Â I am a white male and I know this much to be true.
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the fact he was an officer makes this crime more disturbing.
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He was being paid by tax payers and the gun used was paid for by tax payers. Â Does it get any more disgusting than that?
 @sunnysandiego ...and he was trained by taxpayers - at substantial cost - NOT to do what he did.
Double standard.
This sucks but it's my opinion.
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If you or I (regular law abiding non law enforcement citizens) had this exact incident we would be guilty of a crime. It is an injustice that this officer is not held to the same standards as the rest of us.
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I am sorry for his and the families loss however I was raised to believe the law should be upheld for everyone not just us regular folks.
It was, in fact, criminal negligence.  That said I think this was the proper outcome.  He, and his family, have suffered enough, as they will continue to do for the remainder of their lives (and that of the poor boy who killed his sister). Â
@MPS
Oh BS! If someone is driving drunk with their child in the car and they are in an accident that results in the death of their child, do you let the drunk driver off the hook because they lost their child? HELL NO. They are the reason the child is dead.
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Same thing goes here.
Tragic case. I can see both sides, but ultimately it's up to the DA's office to decide whether or not to prosecute. If you don't like it, vote for another one next time.
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Off topic: I kinda miss AndrewBush. Maybe he's on vacation? Or staying at the Greybar Hotel? He'd have a field day with this story.
So, of COURSE prosecutors are ALSO going to drop the similar charge in the similar case that happened around the same time down in Tacoma - right? Because we ALL know that "justice is blind", that cops & non-cops are treated the same.
@locallady has the Tacoma case ended with a hung jury?
 @LocalLady Similar charge does not mean similar case or similar circumstances.  And, Pollyanna, if what you are saying is true he would not have been charged (and he was).  It was a jury that free him, a jury of people how are non-cops.  Did you drop out of school when you were 10?  Good God. Â
 @MPS Apparently you just don't understand how criminal prosecutions work. The prosecutor threw this case deliberately.
Aw, so it's just a "tragic mistake, not a crime"................
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So, we can all leave not one, but two loaded guns, unsecured, around young kids and NO ONE has to pay the price. Just a mistake.
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Maybe that little girl was destined to have gun violence in her life, with such careless parents. I suppose this would have simply happened sooner or later.
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Poor little girl. Good luck to their son. He'll probably kill himself with one of the many guns they probably have all over their house.
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"countyclerk.....the  jerk!!" What an ignorant post. Of course you never have or never will make a mistake. Yes, this one was costly. This whole family will pay the rest of their lives.
 @countrygalfm Blah, blah, blah. Of course they will "pay the price for the rest of their lives" as 75 other people on this thread have stated.
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If this were some drunk dad that had made a "mistake" as you put it, and his little girl died as a result from a drunk driving crash, do you think that drunk should have to pay any other price, other than the loss of his child??????????
You'd probably be on the bandwagon to make sure he got some serious time for a "mistake" like that.
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This "cop" had not one, but two loaded weapons within reach of his unattended children. But that is just a "mistake" and poor little fella, he's gonna be so sad and beaten up for the rest of his life........while his daughter LOST hers due to his negligence.
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You, sir or madam, are the ignorant one.
 @countrygalfm Oh... yeah. I'm sure the same applies to Susan Smith! Boo-Hoo! She'll "pay for the rest of her life in her sorrow for the tragic loss of her children"!
This cop demonstrated criminal negligence just as if he had driven drunk, crashed into a lake, and killed his whole family. DUI is a crime... AND SO IS LEAVING A GUN UNATTENDED AND ACCESSIBLE TO CHILDREN!!
 @countyclerk No one's paid the price?  Are you insane?  Here's a list of who "paid the price":  the little girl, her brother who shot her, her dad who made it possible, her mom who lost her baby and has another that killed the baby, the siblings, the people who's wedding they were going to attend, the grandparents, etc.  And they will never stop paying the price-- this will stay with them for the rest of their lives.  Your post is mind-boggling in its ignorance. Â
 @MPS Ooooh, mind boggling.....
@MPS And it was ALLÂ the DAD'S FAULT.