Local News

A King County Sheriff’s deputy conducting a trailhead check in the Duvall area discovered a man dead with a gunshot wound to the chest Saturday night.

The deputy found the body next to his vehicle about 9:20 p.m. Saturday near the 17000 block of Duvall-Monroe Road. Deputy Charlie Akers said in a statement it appears the man accidentally shot himself as he was putting away his gear after a day of hunting.

Officials did not release the man’s identity or other details.

The Associated Press

ELMA, Grays Harbor County — The Fish and Wildlife Department says an agent on patrol was in the right location to help save a man’s life after he accidentally shot himself in the leg with a black powder pistol.

Officer Mark James was on patrol this weekend in a remote area south of Elma where he saw the man shooting out a window at grouse.

KXRO reports when the man saw the officer, he began to unload the gun inside of his vehicle and the .22-caliber pistol went off.

James recently went through training for gunshot wounds and applied a tourniquet to stop the bleeding. The hunter was treated at Grays Harbor Community Hospital.

It is muzzleloader season and shooting grouse is legal, but shooting from inside a vehicle is illegal in Washington.

The Associated Press

YAMHILL, Ore. — The Yamhill County sheriff’s office says a 52-year-old man fumbled a handgun when he pulled it from a holster, the weapon hit the floor, and a bullet traveled through his torso into his neck.

The sheriff’s office said in a statement that man was reported in good condition after surgery Sunday and is expected to recover.

He lives in the town Yamhill but was not identified.

The weapon was described as a .45-caliber black powder pistol.

The statement said the man was taking the weapon from a gun safe to show a friend when the accident happened.

Trevor Braymiller, the felon who sparked an overnight manhunt after his girlfriend’s 4-year-old son accidentally shot himself, has been booked into the Skagit County Jail on a 72-hour investigative hold, prosecutors said today.

That means prosecutors have until Thursday afternoon to determine what charges, if any, Braymiller will face.

According to Trish Johnson, a senior deputy prosecutor with the Skagit County Prosecuting Attorney’s Office, Braymiller is being held on investigation of manslaughter, unlawful possession of a firearm and possession of a stolen firearm. Braymiller had recently served time on a drug conviction, police said.

Police say that Braymiller, 25, a convicted felon, fled the home in the 1000 block of Township Street after Dwayne Kerrigan accidentally shot himself early Sunday. Police initially thought the fatal shooting was an accident, but then began to investigate it as a homicide and a manhunt was launched for Braymiller, according to Sedro-Woolley Police Chief Doug Wood.

An autopsy, however, concluded that the boy accidentally shot himself, and Braymiller turned himself in on Monday, police said.

Police said Braymiller is not the child’s biological father but was a father figure to the boy.

The Associated Press

GRANTS PASS, Ore. — Court records show an Oregon man told police he was using his assault rifle as a crutch to help him get up from a couch at a friend’s apartment when it fired a burst through the ceiling and killed a little girl upstairs.

The Grants Pass Daily Courier reports (http://bit.ly/10ROFTZ ) a police affidavit says Jon Andrew Meyer Jr. told investigators the gun went off accidentally at the Grants Pass apartment on June 27.

Defense lawyer Gary Berlant adds Meyer had been assured the gun was not fully automatic.

Meyer is being held on $250,000 bail on charges of manslaughter, assault and unlawful possession of a machine gun.

Authorities say he was responsible for the reckless burst of rifle fire that killed 5-year-old Alysa Bobbitt of Shady Cove and wounded apartment resident Karen Hancock. The girl and Hancock were upstairs in the same apartment as Meyer.

Marysville police Officer Derek Carlile hugs his wife, Forrest Carlile, after a mistrial was declared in Snohomish County Court on Nov. 13. (Seattle Times photo)

Marysville police Officer Derek Carlile will not face a second trial in the death of his 7-year-old daughter earlier this year, the Snohomish County Prosecutor’s Office announced this morning.

Chief Criminal Deputy Prosecutor Joan Cavagnaro said her office will file a motion today to have the charge of second-degree manslaughter dismissed against Carlile. In seeking the dismissal, prosecutors plan to indicate they do not believe a second jury will be able to reach a unanimous verdict following another trial.

Carlile’s attorney, David Allen, said he was “very thankful” about the decision.

“They could try it 20 times and not do any better than a hung jury,” Allen said.

Earlier this month, a mistrial was declared after jurors were deadlocked in Carlile’s trial in Snohomish County Superior Court. The jury was split 7-4 in favor of acquittal, with one undecided, after hearing how the officer’s 3-year-old son fatally shot his older sister Jenna with Carlile’s handgun in the family’s van.

Carlile was in a rush to get to a wedding when he and his family stopped off at a friend’s shop in Stanwood on March 10, according to testimony. Carlile left a loaded .38-caliber revolver in a cup holder between the front seats of the family’s parked van as he and his wife stepped away, leaving their four children alone inside.

Carlile’s son, Steele, got out of his booster seat, grabbed the gun and shot his sister in the abdomen. She died at a Seattle hospital.

In filing criminal charges against Carlile, prosecutors said he was aware that his son was fascinated with firearms but nevertheless “failed to heed or be aware of a substantial risk that death would occur when he placed and left his loaded, unsecured revolver in an enclosed van with four children inside.”

But Allen told jurors that Carlile was a conscientious father who unfailingly locked his firearms in a safe at home. Carlile’s failure to secure the revolver in the van was “no more than a momentary lapse of judgment,” and not a criminal act, Allen said

“All of us make mistakes,” Allen said.

Carlile remains on paid administrative leave from the Marysville Police Department, according to Marysville police Cmdr. Robb Lamoureux. He now faces an internal investigation.

Marysville police officer Derek Carlile hugs his wife, Forrest Carlile, after his trial in Snohomish County Court ended in a hung jury with the prosecution asking for another trial. (Photo by Steve Ringman / The Seattle Times)

A Snohomish County judge today declared a mistrial in the manslaughter trial of a Marysville police officer whose handgun was used by his 3-year-old son to kill the officer’s daughter.

The presiding juror told Superior Court Judge that the jury could not reach a verdict in a reasonable time. Moments later he declared a mistrial.

Snohomish County prosecutors immediately scheduled a retrial for Jan. 29, drawing sobs from the wife of Officer Derek Carlile. Chief Criminal Deputy Prosecutor Joan Cavagnaro said the court date for retrial was set as a matter of procedure, but it does not mean Carlile will be retried. She said prosecutors will weigh what the jury says, and how they were split, before deciding whether to take the case to court again.

David Allen, Carlile’s attorney, said jurors were split 7-4 in favor of acquittal, with one juror undecided

The Superior Court jury had been deadlocked since Friday, when it first began deliberating the fate of Carlile, who was charged with second-degree manslaughter in the death in March of his daughter, 7-year-old Jenna Carlile.

Carlile, 31, had left a .38-caliber revolver in a cup holder between the front seats of the family’s parked van as he and his wife stepped away, leaving his four children alone inside. Carlile’s son grabbed the gun and fatally shot his sister in Stanwood

Jurors began their deliberations shortly after noon Friday, one day after the start of the trial.

Deputy Prosecutor Lisa Paul told jurors that Carlile was fully aware of the danger of leaving the loaded, unsecured firearm in the van with four unsupervised children.

On Friday morning, when it came time for the defense to present its case, Allen opted to not call any witnesses. Instead, in his closing arguments, Allen reminded jurors that defendants do not have to prove their innocence. Rather, it’s up to the prosecution to prove guilt beyond a reasonable doubt.

Allen insisted the state had not done so in Carlile’s case.

Allen told jurors Carlile has already been punished with the death of his daughter. “Nothing you could do would be worse than what Derek has already gone through.”

EVERETT — The defense for Derek Carlile rested this morning without calling a witness.

Carlile, a Marysville police officer who was charged with manslaughter after his 7-year-old daughter was fatally shot by her younger brother in March, did not take the stand.  His attorney, David Allen, told Snohomish County Superior Court Judge Thomas Wynne that the defense would not call any witnesses.

The trial got underway yesterday with opening statements and the prosecution presenting its case. Now that the defense has rested jurors will likely begin deliberations later today.

Jenna Carlile was shot on March 10 when Carlile, who was off duty, and his wife stopped in Stanwood on their way to a wedding. The couple got out of their minivan, leaving their four children, ages 1 to 7, inside with the loaded .38-caliber revolver.

According to charging documents, Carlile’s 3-year-old son crawled into the front seat, grabbed the handgun from an open bin and shot Jenna once in the abdomen. The girl later died at Harborview Medical Center in Seattle.

Deputy Prosecutor Lisa Paul told jurors yesterday that Carlile failed to heed the danger and risk involved in leaving the loaded, unsecured firearm in an enclosed van with four unsupervised children.

But Allen, during his opening statement, said state laws do not address potential criminal penalties for adults who make it possible for children to get their hands on firearms. Carlile did not actively cause his daughter’s death by handing the gun to his son, or by telling the boy to shoot, Allen said.

Carlile, a Marysville police office since 2009, has been on paid administrative leave since the shooting

Marysville police Officer Derek Carlile holds his head listening to testimony about the shooting. (Photo by Steve Ringman / The Seattle Times)

EVERETT — Marysville police Officer Derek Carlile hung his head and sobbed this morning as Snohomish County deputy prosecutor Lisa Paul recounted the moments that led up to his daughter’s death at the hands of his 3-year-old son.

Paul said Carlile, 31, was in a rush to get to a wedding with his family on March 10 when he got into the family’s van, put his off-duty handgun in a cupholder between the front seats and drove to Stanwood to drop off business cards at a friend’s store.

Carlile took the time to engage the car’s child-safety locks when the couple got out of the van at the store, Paul said. But he did not put the gun in his ankle holster, in the glovebox, or in a locking container in the door, she said.

Carlile’s son, Steele, was a curious and active 3-year-old with a fascination with guns and a disdain for car seats, Paul said.

“As you would reasonably expect, Steele got out of his seat, got the gun and shot Jenna,” she said.

Carlile, said Paul, “fully understands and realizes this is all his fault.”

Defense attorney David Allen said Carlile is a dedicated police officer who carried an off-duty weapon so he would be able to “protect the public,” but he was careful to store his gun in a safe and was “very obsessed with gun safety.”

“Derek accepts responsibility, but it will be clear that Derek is not guilty of manslaughter,” said Allen. “He did not act with criminal, gross negligence. This is a terrible accident, but it wasn’t a crime.”

Opening statements this morning marked the start of Carlile’s trial for second-degree manslaughter in the death of his 7-year-old daughter.

According to charging documents, Carlile’s son got out of his booster chair, crawled into the front seat, grabbed the .38-caliber revolver from an open bin and shot his oldest sister once in the abdomen. The girl died later at Harborview Medical Center in Seattle.

Allen had sought to have the second-degree manslaughter charge dismissed, arguing that state laws do not address potential criminal penalties for adults who make it possible for children to get their hands on firearms. Allen argued that prosecutors were “trying to stretch the manslaughter statute” to criminalize Carlile’s actions.

Superior Court Judge Thomas Wynne refused to dismiss the charge.

Carlile, who has been with the Marysville Police Department since 2009, has been on paid administrative leave since the shooting

If convicted, he could face a standard sentence range of one year and nine months to two years and three months in prison.

The trial of a Marysville police officer who was charged with manslaughter after his 7-year-old daughter was fatally shot by her younger brother in March is expected to begin tomorrow morning in Everett.

Jenna Carlile was shot on March 10 when Officer Derek Carlile, who was off duty, and his wife stopped in Stanwood on their way to a wedding. The couple got out of their minivan, leaving their four children, ages 1 to 7, inside with the loaded .38-caliber revolver.

According to charging documents, Carlile’s 3-year-old son crawled into the front seat, grabbed the handgun from an open bin and shot Jenna once in the abdomen. The girl later died at Harborview Medical Center in Seattle.

In charging documents, prosecutors said that Carlile and his wife told Snohomish County sheriff’s detectives that their son was fascinated by guns and was constantly trying to get into his father’s gun safe at home.

Prosecutors argue that Carlile failed to heed the danger and risk involved in leaving the loaded, unsecured firearm in an enclosed van with four unsupervised children.

Carlile’s attorney, David Allen, has argued that state laws do not address potential criminal penalties for adults who make it possible for children to get their hands on firearms. Carlile did not actively cause his daughter’s death by handing the gun to his son, or by telling the boy to shoot, Allen said in court documents.

Carlile, who has been with the Marysville Police Department since 2009, has been on paid administrative leave since the shooting

If convicted of second-degree manslaughter, he could face a standard sentence range of one year and nine months to two years and three months in prison.