A mistrial was declared Tuesday in the case of Marysville police officer Derek Carlile, who was accused of negligence for leaving a loaded handgun in the family van where his son was able to grab it and fatally shoot his 7-year-old sister.

Carlile pleaded not guilty in June to second-degree manslaughter in the March 10 death of his daughter, Jenna, in Stanwood.

The jury deliberated for a day-and-a-half and said they were at an impasse.

Outside the courtroom, Derek Carlile hugged his wife. Their attorney, David Allen, said he spoke to jurors. He said it was seven in favor of acquital, four for conviction and one undecided.

Allen said they were hoping for an acquittal but a mistrial is the next best thing.

The majority of the jury felt that there was not criminal negligence and it was not a crime. It was a mistake, one of those momentary lapses. The others felt differently, said Allen. But again it was seven, four, one, so it's very strong in our favor.

The retrial date was set for Jan. 29, but prosecutors say they too will meet with jurors and decide whether or not to move forward with another trial.

It s still unclear if Carlile will get to keep his job. Marysville Police say they still have yet to conduct their own internal investigation

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