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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.

Authorities say a 9-year-old Pacific County boy was critically injured after being accidentally shot by his older brother on Friday afternoon.

The older boy, who is 10, was outside and practicing target shooting with a .22 rifle in an unincorporated-area near Raymond when his younger brother asked their stepfather if he could go outside as well, said Pacific County Sheriff Scott Johnson.

The boy received permission, Johnson said, and headed towards a rope swing that was about three to four feet away from the older boy’s target.

The 9-year-old had his hand on the rope when he was shot in the chest, according to Johnson.

He was taken to a local hospital and then airlifted to Harborview Medical Center in Seattle where he has undergone three surgeries so far, Johnson said.

Johnson said that the 10-year-old will not be facing criminal charges, but Child Protective Services and the county’s prosecuting attorney has been notified because no adults were supervising the target practice.

This is the fifth accidental shooting of a child in Washington since February.

On Feb. 22, a 9-year-old Bremerton boy brought to school a gun that accidentally discharged and critically wounded a classmate. The boy pleaded guilty to three misdemeanor charges in juvenile court  while his mother and her boyfriend were charged in  Kitsap County Superior Court with assault for allowing access to the gun.

The 7-year-old daughter of a Marysville police officer died after she was accidentally shot on March 10 by her 5-year-old brother who found his father’s gun while the children were in the family’s van unsupervised. The officer, Derek Carlile, 30, has been charged by Snohomish County prosecutors with second-degree manslaughter.

Four days after that incident, a 3-year-old Tacoma toddler accidentally shot himself fatally when he picked up a gun his mother’s boyfriend had left under a seat while both adults were out of the car. The child’s  mother and her boyfriend have both been charged in Pierce County Superior Court with second-degree-manslaughter.

On April 10, the 10-year-old daughter of a Spokane police officer was shot in the leg with her father’s duty weapon. Officer Barry O’Connell, an 18-year police-department veteran, remains on paid leave while the Spokane County Sheriff’s Office investigates the shooting.

A woman was accidentally shot in the back while sitting in a car and has been taken to Harborview Medical Center with life-threatening injuries, according to Detective Jeff Kappel, a spokesman for the Seattle Police Department.

Just before 11 p.m., the woman, her boyfriend and another couple — all believed to be in their 20s — were in a Honda Civic at a fast-food restaurant in the 8500 block of Aurora Avenue North and 85th Street, Kappel said.

The boyfriend was in the passenger-side back seat toying with a gun when it accidentally discharged hitting his girlfriend, who was sitting in the front seat.

Kappel said the boyfriend has been taken into custody.

Snohomish County prosecutors have charged a Marysville police officer with second-degree manslaughter in the accidental shooting death of his 7-year-old daughter in March in Stanwood.

According to the affidavit of probable cause, the officer, Derek Carlile, “created a substantial risk of death” by leaving a loaded handgun inside the family’s van within reach of his four children. “Though the undeniable tragedy and grief that has stricken the defendant and his family is staggering, compassion must be balanced with accountability for the acts which caused it,” according to the affidavit signed by Snohomish County Deputy Prosecuting Attorney Lisa Paul.

Carlile’s attorney, David Allen, issued a statement today in which he expressed disappointment that the officer had been charged. “Derek Carlile is a dedicated law enforcement professional who carried his weapon when off-duty as a police officer,” the statement reads. “While he takes full responsibility for this tragic accident, his actions were not criminal and he intends to vigorously defend this charge.”

To read a news release from Snohomish County Prosecutor Mark Roe, click here.

Carlile is scheduled to be arraigned June 5.

Carlile was on his way to a wedding with his wife and four young children on March 10 when they stopped in Stanwood to drop off something at an art gallery where his wife does volunteer work, according to a police report. Carlile and his wife were standing outside their Volkswagen van when they heard a “pop.”

One of their daughters got out of the car and said something about their son and a gun, according to the report.

Carlile, 30, told police that he believed his son, whose name and age have not been released, found his handgun and accidentally shot his sister, 7-year-old Jenna. Carlile ran back to the van and found his oldest child slumped over with glazed eyes.

The girl, who had been shot in the abdomen, died the next day at Seattle’s Harborview Medical Center.

The handgun used in the shooting was not Carlile’s service revolver, but a .38-caliber revolver he usually wore in an ankle holster. He told a Stanwood deputy he believed it had been left in a “cubby” under the van’s dashboard.

Carlile told police his gun was out of sight because his wife’s purse was in front of it.

Carlile, a Camano Island resident who has been with the Marysville department since 2009, has been on paid administrative leave pending the outcome of the investigation into the shooting, according to Marysville police.

Jenna was a student at Utsalady Elementary School on Camano Island.

She was the second of four children shot within seven weeks in Washington state and one of two involving the child of a law-enforcement officer.

On Feb. 22, a 9-year-old Bremerton boy brought to school a gun that accidentally discharged and critically wounded a classmate, Amina Kocer-Bowman, 9. He pleaded guilty to three misdemeanor charges and was sentenced to probation and counseling.

In a plea deal, the boy’s mother, Jamie Lee Chaffin, 34, pleaded guilty earlier this month to two counts of unlawful possession of a firearm. In exchange, prosecutors dropped a third-degree felony assault charge.

Her boyfriend, Douglas L. Bauer, 50, has been charged with assault and unlawful weapons possession. The Kitsap County prosecuting attorney alleges the two were negligent in allowing the boy access to the handgun in their home.

Pierce County prosecutors have filed second-degree-manslaughter charges against two people in a case in which a 3-year-old boy, Julio Segura-McIntosh, found a gun and accidentally shot and killed himself March 14 in Tacoma. Jahnisha McIntosh, 23, and her boyfriend, Eric Vita, 22, were criminally responsible for leaving McIntosh’s son in a car with a handgun within reach without adult supervision, prosecutors say.

On April 10, the 10-year-old daughter of a  Spokane police officer was shot in the leg with her father’s duty weapon. Officer Barry O’Connell, an 18-year police-department veteran, is on paid leave while police investigate the shooting.

Pierce County prosecutors this morning filed second-degree  manslaughter charges against a man and a woman in connection with the death of a 3-year-old boy who accidentally shot himself with the man’s handgun on March 14 in Tacoma.

 The boy, Julio Segura-McIntosh, shot himself while in a minivan at a gas station when the man was outside the vehicle and the boys’ mother was inside the convenience store. The man had a concealed weapons permit and had left the handgun in the minivan when he went to pump gas, police said.

Charged were the boy’s mother, Jahnisha McIntosh, 22, and her friend, Eric Vita, 23. They turned themselves in last night and will be arraigned this afternoon in Tacoma.

Vita told investigators that he left the handgun in the minivan because the last time he was at a gas station the clerk spotted the handgun in his waistband and summoned police, according to the Pierce County Prosecutor’s Office. 

McIntosh’s friends and family told detectives that Vita routinely showed off the gun. On one occasion, Vita allegedly offered to let Julio hold the gun before another adult intervened, according to the prosecutor’s office.

The boy’s death was the third accidental shooting of child in three weeks in Western Washington.

On March 10, Jenna Carlile, the 7-year-old daughter of a Marysville police officer, died after she was shot by her younger brother while they were alone in the family car in Stanwood. The father, Officer Derek Carlisle, had left a handgun in the vehicle and was standing outside with his wife when the shooting occurred, according to police.

On Feb. 22, 9-year-old Amina Kocer-Bowman was critically wounded at an East Bremerton elementary school after a gun in a classmate’s backpack accidentally discharged. A 9-year-old boy told police he had taken the gun from the home of his mother and her boyfriend.

There is not points to locate on the map

The Olympian

Investigators believe a double shooting Sunday morning at a home in the 10200 block of Third Street Southeast, Yelm, was accidental.

“It looks like they were trying to fix a gun that was jammed,” said Yelm Police chief Todd Stancil. “We don’t suspect any foul play.”

Billy Ray Johnson, 66, was trying to fix a gun when it fired, shooting himself in the hand and leg, Stancil said. A 24-year-old woman also was shot in the leg during the incident.

The two were taken to Providence St. Peter Hospital in Olympia. She was treated and released, according to police. He is in stable condition, according to a nursing supervisor.

Originally, investigators were told the shooting happened during a confrontation, and that a suspect fled in a maroon car. That story was later determined to be fabricated, police said.