Updated:EVERETT, Wash. —
Second-degree manslaughter charges against a Marysville police officer whose daughter was accidentally killed by his service revolver have been dismissed by prosecutors.
Derek Carlile’s 7-year-old daughter, Jenna, was accidentally shot by her younger brother in March when he left his four children in their van when the family stopped by the Stanwood art studio where his wife worked.
Carlile left his loaded and unsecured .38-caliber service revolver in a cubby hole inside the van.
Carlile's attorney said the officer meant to put the off-duty weapon on his ankle, but simply got distracted and never meant to leave his children in danger.
During his trial, Carlile, 31, sobbed uncontrollably during opening statements.
The dismissal comes after Carlile's trial ended in a mistrial on Nov. 13.
The motion to dismiss filed by Snohomish County Deputy Prosecuting attorney Lisa D. Paul said the jury in Carlile’s trial deliberated for a day and a half and were unable to reach a unanimous verdict. It said she does not believe another jury will be able to reach an unanimous verdict in the case.
Judge Thomas J. Wynne signed the order to dismiss Wednesday.