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Subscribe to RSSThe manslaughter trial of a Washington state police officer whose off-duty handgun was used by his son to kill his daughter was declared a mistrial Tuesday, King5 News reported.
A Snohomish County, Wash. judge declared the mistrial, saying the jury had reached an impasse after deliberating for a day and a half.
The shooting took place in March, when Officer Derek Carlile, 31, was on his way to a wedding with his wife and four children. The family pulled over and the Carlile parents left their children in the van as they dropped into a friend’s store.
Within moments, the parents heard a shot. Their 3-year-old son had grabbed the .38-caliber revolver that was in a cupholder and used it to shoot his 7-year-old sister, Jenna Carlile. Jenna was transported to a hospital in Seattle, where she later died.
Related: Shot by sibling, police officer’s daughter dies
Carlile was subsequently charged with second-degree manslaughter, the Seattle Times reported.
Carlile’s attorney David Allen told King5 News that he had spoken with the jurors who were split – seven in favor of acquittal, four for conviction and one undecided.
But Snohomish County deputy prosecutor Lisa Paul told the Everett Herald that Carlile had made a series of bad decisions – ones no parent would find reasonable.
Allen said that Carlile had made a tragic mistake but not committed a crime, the Everett Herald reported.
Carlile, who works for the Marysville Police Department, has been on leave since the shooting occurred.
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Let it go. The officer has suffered greatly and to incarcerate him takes him away from his family and denies them support. Give him some serious volunteer work, re-training, parent training and perhaps some probation.
I know he's suffered. But you make the same mistake and let's see what happens to you.
Yes you would get raked over coals and in the headlines for weeks, im sure if it was a so called citizen that they would understand and not charge you and just take your gun away for awhile different set of rules
@makes me wonder. Dream on.
yes i was
This is the annoying reality of misguided prosecutors - maybe it's time to let go of a two-to-one loser.
Funny, but my brother said the same thing just before he was locked up for two years for selling a bag of weed. Of course, selling weed is so much more evil than allowing your children to kill each other with your handgun. Yeah, parent training is all this guy needs.
As horrible as that outcome was, to leave a loaded weapon in a car in plain sight in a cup holder that could have been stolen and used to take further lives is a criminal act. This careless act does not seem like a single slip, it seems more or a habit.
Yes, this was careless on the part of the officer who should have known better, but to charge him with manslaughter is a bit excess. There is nothing illegal with leaving your firearm in a car. He should have had it on his person and not in the cup holder unless that store prohibits firearms inside.
If the store doesn't allow firearm, then obviously there is no choice to leave the gun in the cup holder in plain sight of 2 children. Everyone know there is no closed space with a lock in a car. Except the glove box but then that is only for gloves, can't put a firearm in there.
I would convict him. He is too stupid for words, and his daughter is dead because of his idiocy. It is not enough to say "he has been punished enough". He did not control his firearm, and someone is dead. He IS responsible.
I'm wondering what an "off-duty" handgun means. Was it his personal firearm or his service gun.
It's bad enough that it was left out, but I suspect that (since a 3-year old was able to fire it) it was a semi-automatic and that there was a round in the chamber. And why wasn't the 3 year old in a child seat?
Bad, Very Bad.
Most cops have very great street smarts! This guy is a freaking moron! I'm sorry, but that "mistake" or "accident" is not acceptable in my book if you have children. You are responsible for everything your kids do and don't do. Especially at that unripe age.
Even if it does not you can still carry there.
uhhh @bassai---if a store does not allow you to have firearms in the store...it means you cannot carry one. at all!
Actually you can, now if they don't like it and they ask you to leave then you have to otherwise you could be charged with trespassing. Washington is not one of the states that has opt-out statutes allowing a business to create a gun free zone.
In addition:
http://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States
He could have legally carried it open or concealed rather than leaving it in the van with his kids.
Mandatory gun safety classes with a retesting of his weapon licence or revoking one. Dude suffered enough pain and suffering, so let it go with some kind of punishment but not overboard.
Mouzie: "Mandatory gun safety classes"
Are you telling me that cops don't already have "mandatory gun safety classes?"
He's been punished enough. If he is any father at all, the pain from that mistake will last his lifetime. Nothing the courts can do would be worse.
He at least should be stripped of any gun permits for life in that state - leaving a handgun in a cupholder with unattended children in a vehicle is beyond incompetence. How many children being shot as a result of poor handgun management/storage does it take before we start holding the parents actually responsible?
What makes it worse is that this man was an off-duty STATE POLICE OFFICER and he should know better. I'm sorry, but this man failed as a gun owner and failed as a STATE police officer. He should be convicted. If he's not convicted he should lose his job since he is not taking basic gun safety into consideration. My husband and I have guns in the house and they are ALL under lock and key. The revolver is in a lock box and the rifles and other firearms are in a gun safe.
Cat1200657 - - I'd say he also failed as a parent. To me, this isn't much different from the unbelievably stupid mother who stood her 2-year old up on the railing at the zoo so he could see better. Horrible tragedy, yes. Completely avoidable, also yes. Totally the parent's fault, again yes.
This guy should be hung out to dry.... sorrry I don't care WHO it is... he's STUPID to leave a gun in the car with just kids in it..... What's the matter with these people they pick as jurors??? Same as those stupid %F%$# who let that cop in CT who was racing at 97 miles an hour for NO REASON who killed those two teenagers.... people are screwed in the head.
I agree Back East, It's unbelievably stupid to leave a loaded gun where a 3 & 7 yr old can get it. Throw the book at him. He is responsible for his daughters death by criminal negligence, period.
Cat just FYI
Wrong he is a Marysville Police officer not a State Trooper.
I'm a strong supporter of the 2nd amendment and strong gun rights advocate, but to be honest it's these type of incidents that make me mad. This is 100% without excuse, it's not an accident, it's not an unavoidable tragedy, it was completely avoidable and should not have ever happened. This goes for all of these types of incidents where a child get a hold of a gun regardless if that person is in law enforcement, this applies to any and all gun owners.
I feel bad for the family but he has no excuse for leaving his gun out period.
As much pain as this family has suffered--remember, not only the father, but also the son is burdened by this for the rest of their lives--bear in mind that this incident was still a crime. You have the right to bear arms in this country... and that right comes with certain responsibilities to properly secure your weapon from unauthorized users. If you cannot respect and practice those responsibilities and your actions lead to the critical wounding or death of an individual or a group of people, then you are to be stripped of that right.
In this case, the father is guilty of, at the very least, "contributing to the delinquency of a minor": "Any action by an adult that allows or encourages illegal behavior by a person under the age of 18, or that places children in situations that expose them to illegal behavior." He put a loaded, unlocked weapon in easy access to the hands of a child (though at the age of three, I don't believe the child should be charged under the letter of the law: "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor").
The father should properly face the courts. "I'm sorry" doesn't work for the "welfare mother" who leaves a loaded gun on her nightstand. It should not work for him. If ANYONE had picked up that weapon and fired it, the responsibility for its use still falls on the owner. It's not the gun's fault. Remember what we're all taught! Guns don't kill people--people kill people. And people who kill people go before a court of law for their part in the crime.
This happened in my town. Although I feel that the father will have to live with the pain the rest of his life, he needs to have repercussions for his actions. Washington State law states that an officers weapon must be on him at all times if it is loaded OR placed in a locked secure place. Officer Carlile testified in his report that his 3 year old was obsessed with guns, yet he still left a loaded gun in the car alone. This did not happen. At the same time as this shooting, 2 other shootings of children occurred, and in both cases the parents were held accountable. It took a very long time for the investigation to be completed, and after much outrage from the public, the officer was charged. Our community and state is really split on this matter. Many feel that because he is a police officer, and he puts his life on the line daily, he should not face any charges. While others feel that he should get the same treatment you or I would if this happened in our family.
@stanwoodgirl, the fact that he is a state police officer, in my opinion, makes his failure to secure his weapon MORE serious than if he were a citizen. He is held to a higher standard with respect to firearms and failure to follow both protocol and the law. He wanted the job to be a state police officer, he accepted the increased responsibility and accountability. He should be treated MORE harshly than an average citizen.
While I feel such sorrow for this family and what has happened. I also agree that this man should be held accountable.
It is true that if it was Citizen Joe there would be no question...and the fact that this man is a state police officer absoultely should mean even stronger consequences.
Yes...it is horrible. Yes they will and have suffered for the choice he made. BUT, it is what it is...and it is a careless, wreckless, irresponsible action that cost the life of a precious child and scarred a family forever.
Let's say he and his wife are sociopaths and wanted to see "what would happen" and let's say before they left their children alone they told them to, "find something to play with while were gone and we'll be back in 30 minutes". Far fetched? Maybe. But that is why you have laws. The idea is that regardless of context or how good you can spin a yarn you are still left with letter of the law. Compassion should come with sentencing, not prosecution.
Anyone who chooses to keep a gun must accept the great responsibility for having such a deadly weapon. Leaving a loaded weapon laying within reach of a toddler is criminal negligence in my book. While the burden of proof is higher in criminal law than civil law, people and corporations have been found criminally or civilly negligent for far less.
Yes but its not a civilian so it should be different rules and they would not have sympathy for you they would be trying to get the stiffest sentence
Normally, I'm not the hang-em-high type, but to just leave your gun in the cup holder?- c'mon! That would be bad enough if he was alone in the car, but to do that with a 3 and 7 year-old?- manslaughter seems appropriate. As far as "he's suffered enough"- no he hasn't. Plus, the law is supposed to be a deterrent. To let him walk on this would eliminate that effect. Cup holder? sheesh!!
It's sad that a 7 year old had to pay for her parents' idiocy. I hope the 3 year old doesn't remember this in the future.
On the one had I think the father has suffered enough, but on the other hand, he left a loaded weapon in the CUP HOLDER! The freaking CUP HOLDER!!! I think they should have convicted him and the Judge should have suspended the sentence...if he could have. Otherwise, the father should get the absolute minimum if you include parole etc...
@ Jon ... are you missing that this father was a STATE POLICE OFFICER? No - he should get jail time in protective custody. He failed to secure his firearm and a child paid the price. He has not paid enough for his idiocy. My husband and I have guns in the house - under lock and key. Our 6 year old son goes hunting with his father during deer season. I'm not anti-gun ... but with being an off-duty state police officer, what he did was beyond irresponsible and he should pay the price. He needs to be held to a HIGHER standard than the average citizen since he is more than licensed to carry a gun.
@Cat-1200657--wow, you really like to point out tha the was a STATE OFFICER! DUH! We get your rant...move on. This is a sad story, in which the father should be held responsible for the death of his daughter, and should be punished. Not higher punishment...sorry, dont agree with you there. Police officers do in fact go through a conceal and carry license training as well as a safe weapons training...but that is also things civilians can do as well. Trust me, I know an officer who is just a normal person outside a uniform and I wouldnt think even with him being an officer, he had any special rights because he could carry a gun.
Regrettable as it is, he did commit a crime and should be charged and found guilty.
As for the Punishment, he deserves some slack in my opinion. If it were me i feel I would receive no better treatment.
No punishment could even come close to what this father has been through and will be for the rest of his life. It was just a tragic mistake. He should be free to take care his other children. My heart is out to him and his family.
yes cause thats the way all law enforcement would feel if it were anyone else that done this they would realize you made a mistake and feel bad for you
Respectfully, how do you know? To just leave his gun in the cup holder makes me wonder if he particularly cares.
Leaving toddlers alone in a car WITHOUT a readily available handgun is negligent, at best. The gun being left out is unforgivable. If he was not an LEO he would be on his way to prison for a long time. Ridiculous double standard.
Guns don't kill people. Toddlers do.
Sorry--but I couldn't help noticing the double standard myself.
Yes, an extremely tragic mistake that would never have happened had the father been more responsible. If the gun were in the glove compartment or under the seat with the attempt of hiding it, it would be different. That is not the case. It was irresponsible.
That being said, as far as punishment, I am sure he is punishing himself enough and has suffered the ultimate punishment...the loss of his daughter! Putting him in prison will only punish his family and that is not fair to them. They have suffered enough as well. I do hope the three year old forgets this.
My prayers go out to this family and especially this man. This is not something you want to live with!
Had this been a drug dealer, or any other criminal type, everyone would be clamoring to have them put away for life. Because he is a police officer, many of you are advocating leniency.
I have no desire to bash the police. While there are some bad apples, the vast majority of them are professionals who place themselves in harm's way for the common good.
However, this officer is well aware of the laws regarding firearms. He is supposed to be trained in their proper use and safety. He was extremely negligent in leaving a loaded firearm within arms reach of a 3 year old, with tragic consequences.
While I do not believe he should be made an example of, I do feel that he should be prosecuted to the full extent of the law. He is, after all, a trained professional and should be held to the highest standards.
What the hell was the gun doing in the cup holder? One would think that a police officer would be trained in gun safety.
"On leave"??!! Someone makes a fatal blunder like that and you don't fire him??!! I sure as hell wouldn't want anyone stupid and careless enough to leave a loaded handgun in a car with unattended children to have anything to do with law enforcement in my community!
Agreed Wilmer! if anyone else did this my bet is there would be no job for you when all is said and done. One set of laws for everyone else and one set just for officers.
As an officer of the law, he must realize that he DID break a law, and regardless of his emotional sorrow, it weighs little against the actual life of another. That same officer should have no problem with arresting a citizen for showing the same behavior for endangering the life of a child.
To say "he suffered enough", is tantamount to saying "don't enforce child endangerment laws, because obviously the parents will feel sorrow and guilt over the loss of a child if something dreadful happened as a result of their behavior. THAT'S not the point - it is the CHILD'S LIFE that is the point.
First... they left a 7 and 3 year old ALONE IN A CAR.... WAKE UP! Then you have a LOADED FIREARM in the... CUP HOLDER?
There is a reason this went to trial, because even a grand jury decided that was way over the line. Guilty, plain and simple. The wife needs to be prosecuted as well.
Maybe don't leave children near loaded guns in cupholders, just saying.
He has "been punished enough"?? No, I don't think so!!
IMHO, this crime of extreme negligence should be "punished" to the fullest extent of the law.
This man - along with any and all of the adults who were present and aware of this situation - should spend time behind bars and then be banned for life from ever possessing a firearm again.
The father in this case is a state police officer. He should be held to a higher standard - especially where it concerns proper gun handling and gun safety. He should never have left an unsecured firearm in a vehicle with a 3 year old and a 7 year old. He should lose his job, not be on leave. He should be prosecuted AND PUNISHED to the fullest extent of the law. They should NOT "go easy on him", he has NOT "suffered enough". Prosecute the man, convict him and send him to jail for manslaughter. Put him in protective custody for his sentence and hold him to a HIGHER standard than you would the average citizen. HE KNEW BETTER THAN TO LEAVE AN UNSECURED, LOADED WEAPON WHERE ANYONE COULD GET IT IN THE CUP HOLDER. What if someone had just gone in, obtained his gun and then held up the store he was in? He was careless and as a state police officer he should not have been careless.
I don't know why BOTH parents needed to go into the store and leave their children (7 and 3) unattended in the van nor do I know why the gun was in the cup holder (nor do I care to speculate as to why - I don't feel like calling anyone an idiot right now). A series of bad judgements allowed for this to happen. As an officer of the law, he should have known better than to leave his young children unattended in the van while he was in the store with their mother. Either one of them should have stayed in the van with the children or they should have taken the children in with them. Yes, I know how much of a pain it is to drag a 7-year-old in and out of a vehicle as well as a 3-year-old, but it's better than leaving them unattended in a vehicle (which, in some places, is a chargeable offense - I wouldn't leave my 9-year-old sister in the car by herself and she KNOWS better than to do stupid $h¡+ when she's out with me) and it's certainly better than leaving them unattended with an unsecured weapon in the vehicle, especially given the 3-year-old's obsession with guns.
Yes, this was a tragic death that could've been prevented with better judgement, and I do feel for this family, but this was an incident waiting to happen...and why the f**k was the gun in the cup holder in the first place?
Why did they leave those children unattended in the car, much less with a loaded gun in plain view? If nothing else, they should be convicted on the grounds they are purely ignorant!
In years past this would have been investigated and probably dropped, for a police officer as well as a citizen. DA's today seem to want to throw everyone into jail or get them a record. In years past shows like Perry Mason would show how DA's can make mistakes, nowadays with all these law and order shows you dont get any common sense decisions out of DA offices.
I understand that accidents happen, but an unsecured weapon in a cupholder with FOUR CHILDREN inside the vehicle unsupervised is just blatant, depraved negligence. Yes, the father will suffer for the rest of his life, but his actions go beyond just "accidental." It was - as the prosecutors argued - a series of very bad decisions, ones that were made with some deliberation.
The gun should never have been unsecured in a vehicle with children. It should not have been in the cupholder (good lord, can't you even just stick it under the seat?). And wasn't he even thinking that someone could have seen the gun in the cupholder and tried to steal it from the car, since it was only occupied with children? The way this unfolded leads me to believe that this was the guy's normal operating procedure, and not an aberration.
At the very least, this man should not be a police officer. And I'm thinking he should do at least some jail time.
He's on his way to a wedding (off duty) with a loaded handgun in the cup holder????? He sounds like a cowboy, just waiting for a chance to shoot someone. I remember a very traumatic event when I was 3 yrs old...the funeral of JFK. This little 3 yr old guy is damaged for the rest of his life and his big sister is dead. I don't think manslaughter is unreasonable. It's not a murder indictment.
Sounds like he has friends in high places.
I know many are saying that the mother should be charged.. BUT here is why she is not being charged:
www. king5. com/news/local/Arraignment-Marysville-officer-daughters-death-157283125.html
"Prosecutors said she did not own the gun or bring it to the van, and that she alerted Carlile when he put the gun in the open container, assuming he would move it someplace safe."
Means the Dad probably left the vehicle last.
And there were 4 children in the car ages 1 - 7 (took a while to find out the ages) also
"The charges also state that the holster the gun was in had an ankle strap, which Carlile did not use. The van also had a locking compartment where the gun could have been placed."
But a CUP-HOLDER.. even I know that's asking for trouble - it's in plain sight. Knowing his son tried to get to the guns before, should have never been there. Even the glove-box can be quickly locked.
Whoa, so he actually had someone REMIND HIM before he got out of the car and he still left it? DEFINITELY there should be jail time.
My god, leaving a loaded 38 in a car full of kids? I'm sorry, I know he must be siffering, but frankly, he should be. That might be the dumbest thing I've ever heard of any parent doing.