Case dismissed against officer in daughter’s shooting death

EVERETT — Prosecutors on Wednesday dropped the criminal case against a Marysville police officer who was tried in connection with the accidental shooting death of his daughter.

A judge earlier this month declared a mistrial after a Snohomish County jury was unable to reach a unanimous verdict. Seven jurors voted to acquit Derek Carlile. Four others believed he was guilty and one remained undecided after a day and a half of deliberations.

Snohomish County deputy prosecutor Lisa Paul on Wednesday said she opted to dismiss the second-degree manslaughter charge because she doubted that a second trial would result in a verdict.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“We don’t believe another jury would be able to reach a unanimous decision for either guilty or not guilty,” Paul said. “This is one of those cases where reasonable minds can truly differ.”

The veteran prosecutor spoke with jurors after the trial, but declined to comment on the discussion. She considered their feedback when deciding whether to retry the case, she said.

Carlile’s attorney, David Allen of Seattle, was pleased by Wednesday’s decision.

He said prosecutors did “a very professional job” at trial and made their best case, but the jury left no doubt how divided it was over whether the shooting was the result of criminal negligence or an accident that resulted from a brief lapse in judgment.

“Derek is a dedicated police officer. He takes responsibility for the terrible mistake he made,” Allen said.

The longtime attorney said he’s convinced that the evidence could be presented to multiple juries in multiple trials and there still would not be a unanimous verdict.

Snohomish County Prosecuting Attorney Mark Roe agreed that the facts of the case were mainly straightforward and uncontested.

“It was how the jury should interpret those facts that was at issue,” Roe said. “We don’t believe we could have tried the case any better with the evidence we had. There is no reason to expect to get a different result.”

Prosecutors alleged that Carlile acted with negligence on March 10 when he left a loaded handgun within reach of his four children, ages 1 to 7, while they were in the family van.

Snohomish County sheriff’s detectives believe that Carlile’s 3-year-old son, who was known to be fascinated with guns, grabbed a .38-caliber revolver from a cup holder next to the driver’s seat.

Carlile, 31, usually kept the gun in a holster on his ankle, but not that day. He also failed to engage the gun’s locking safety, or to store his off-duty weapon in the locking compartment on the driver’s door.

Carlile and his wife had exited the van to speak with a family friend. They were nearby when the fatal shot was fired.

The Camano Island father attempted life-saving efforts, but Jenna, 7, died at the hospital.

At trial, Carlile frequently wept as witnesses described what happened that day. Paul told jurors Carlile is punishing himself, but she also had urged them to hold him responsible for his daughter’s death. She said Carlile made a series of deadly decisions that led to the fatal shooting.

Allen argued that Carlile made a tragic mistake, but did not commit a crime. The shooting was an accident, not negligence, the defense attorney said.

To be convicted of manslaughter, jurors would have had to find Jenna’s death was the result of criminal negligence by Carlile.

Prosecutors on Wednesday stood by their decision to file the charge. They believed the case should be decided by a jury.

“We make decisions based on facts and the law, not the occupation of the participants,” Roe said. “There is ample history and evidence of that.”

Prosecutors in 2008 charged a Lynnwood grandmother with second-degree manslaughter after her 17-month-old granddaughter overdosed on methadone. The girl climbed out of her playpen and found the drug in her grandmother’s purse. The woman took responsibility for her granddaughter’s death, pleading guilty to the charge. She was sentenced to a month in jail and four months on a work crew with home-electronic monitoring.

In 2009, prosecutors charged an Everett police officer with murder for a fatal on-duty shooting outside a restaurant. A jury acquitted Troy Meade, but he later was fired from his job after an internal investigation found that he violated department policies during the shooting.

“Accountability can come from a whole lot more than a criminal conviction,” Roe said.

Carlile will remain on paid administrative leave pending the outcome of an internal investigation, Marysville police officials said Wednesday. An internal review was put on hold until the resolution of the criminal case. The department expects to determine if Carlile violated any policies and whether he should face any sanctions for the off-duty incident.

Allen on Wednesday said that he considers it a positive sign that Marysville police have kept Carlile on paid administrative leave.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

A ferry passes by as Everett Fire Department, Everett Police and the U.S. Coast Guard conduct a water rescue for a sinking boat in Possession Sound off of Howarth Park on Wednesday, May 21, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Searchers on the scene of sunken boat near Howarth Park

The search effort includes a Coast Guard helicopter, boats and rescue swimmers, officials said.

Gov. Bob Ferguson’s signature on the the 1,367 page document outlining the state’s 2025 operating budget. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Ferguson signs budget boosting Washington state spending and taxes

The governor used his veto pen sparingly, to the delight of Democrats and the disappointment of Republicans.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Washington State Trooper Chris Gadd is transported inside prior to a memorial service in his honor Tuesday, March 12, 2024, at Angel of the Winds Arena in Everett, Washington. (Ryan Berry / The Herald)
Jury selection begins in Everett trial of driver accused in trooper’s death

Jurors questioned on bias, media exposure in the case involving fallen Washington State Patrol trooper Chris Gadd.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.