“I’m a dead man. You’re talking to a dead man,” Marc Fogle, 54, of Clackamas, Oregon, told Clark County Sheriff’s Office deputy Bryson Layton in the Washington State Patrol Scale House in Ridgefield before an altercation that left Fogle dead last week.
Layton, who has been with the Clark County Sheriff’s Office (CCSO) since May 2023, and Fogle were alone in a room equipped with a breath alcohol analyzer used for evidential breath alcohol measurements in DUI investigations after Fogle’s handcuffs were removed late May 7 and early May 8.
The bodycam footage captured by Layton’s camera indicated that Fogle believed that he would no longer be able to work as a CDL licensed driver after he had crashed into two parked cars near Northeast 14th Court and Northeast Minnehaha Street in Vancouver, leading to the DUI investigation.
As the clock slid closer to midnight, the bodycam footage showed Fogle began to express threatening comments and pointed out that Layton and him were the only two people in the room. Layton then asked Fogle to stand and turn around. Fogle then moved toward Layton and a struggle ensued.
“He’s reaching for my gun,” Layton said over the radio as Fogle appears to be reaching across the deputy’s body. “Marc, you’re going to get (expletive) shot.”
“Yeah, yeah. That’s what I want,” Fogle said while the altercation continued.
Both can be seen falling to the floor with Fogle on top of Layton when Layton’s camera cuts out. The camera was deactivated during the altercation once the two landed to the ground, according to the sheriff’s office.
The footage resumes one minute and 10 seconds later with Fogle lying on the ground in handcuffs while Layton uses scissors to cut the back of Fogle’s hooded sweatshirt and T-shirt, revealing what appeared to be over a dozen stab wounds to the back. A Washington State Patrol commercial vehicle enforcement officer is also seen at this point of the video.
“I’m not going to let you die, Marc, you’re going to be OK man,” Layton told Fogle, sounding distressed.
Fogle replied, “I’m dying.”
“You’re going to be OK,” Layton said. “Look, man, you’re not even bleeding that bad.”
Fogle was pronounced dead at the scene at 12:39 a.m. on May 8.
CCSO deputies, with the assistance of other agencies, attempted to provide first aid to Fogle. According to an earlier release by CCSO, a Clark-Cowlitz Fire Rescue ambulance also arrived at the location.
Deputy Layton was not physically injured. The deputy is on critical incident leave, per standard protocol, the release added.
The Clark County Sheriff’s Office notified the Washington State Office of Independent Investigations (OII), a new state agency in Washington created to investigate deadly force cases by law enforcement, which will investigate this incident.
Investigations by OII are required to be completed within 120 days or explained to an advisory board as to why an investigation will need more time.
OII asks that anyone who may have information regarding this case to call the OII Tip Line at 564-250-6275.
The release stated that in compliance with WAC 139-12, Clark County Sheriff’s Office personnel will not be involved in the independent investigation.
