Well the cry for blood did not go unanswered & sadly this family will be prosecuted in the court of public opinion as well as the legal system.
Lisa Paul, the Snohomish County Prosecutor filed the Affidavit of Probable Cause, Notice of the State’s Intent to Produce Testimony, & the Omnibus Application.
Manslaughter in the second degree.
(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person.
(2) Manslaughter in the second degree is a class B felony.
A class B Felony that is categorized as a “Violent Offense”. So that means not only will the Carlile’s have lost a child, the Officer will no longer be able to be a Police Officer so they will have lost their source of income & his ability to be a mentor to his community on the dangers of Gun Safety. So their punishment will be Earthly as well as Eternal.
It is not so cut & dried as one might think though, in order to garner a conviction they must prove the elements of the crime…
General requirements of culpability.
(1) Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when:
(i) he or she is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or
(ii) he or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.
The way we are hearing the story is that Officer Carlile got out of the car to talk to someone, at which time he left his wife with his children, any reasonable person would assume the kids were safe with their mother, then for whatever reason she left the car & while they stood just feet away the younger child got a hold of the gun & the rest will live on in a morbid history as they say…
The prosecutor has to prove intent & reckless disregard. Most importantly she has to prove all of the elements of the “crime”
Unfortunately for the Officer: Lisa Paul is a force to be reckoned with… I don’t know of one inept prosecutor in the Snohomish County Prosecutors office, they have one hell of a team up there.
The jury will be made up of parents, parents who have bought their kids a bike & made a trip to the emergency room, parents who have put up a tire swing & watched the kid & the tire go air born no where near the tree, parent’s who watched helplessly as their child went dashing across the street after a ball.
Parents who know the worst could’ve happened but thankfully didn’t… Parent’s that know that they will have another day with their child in spite of their own human shortcomings, Parents who know the Carlile’s never will.
I can’t find the joy in this, I didn’t even go read our local newspaper & look at their story about it so that I don’t have to see the self righteous comments from people who are not even citizens of the city of Marysville, who care for nothing, but that “a cop is getting his” I am including the link to their story on it here. It looks like they have all the documentation on the story as well.
I don’t have the proper objectiveness to properly report on this & in all honesty if this would’ve happened to one of the jerks who are messing with me I would enjoy watching them get strung along because they have abused the system so readily, but here you have a family, a man, who is just going along in his life, trying to do a good thing, & then this happens.
The bottom line is that a child is dead, nothing can bring her back, nothing can fix it or make it better & that is never anything worth celebrating.
Do I think he should not be held accountable? No, but as I have said a thousand times over, the law is made for the people, & every situation is different…. Common sense should always prevail.