The Clark County Prosecuting Attorney’s Office has determined that a sheriff’s deputy was legally justified when he fatally stabbed a man during a struggle at a Washington State Patrol facility in Ridgefield last year, ending the criminal review of an incident that has remained under independent investigation for more than a year.
Deputy Bryson Layton fatally stabbed Marc Fogle, 54, of Clackamas, Oregon, during a May 7, 2025, altercation in a breath-test room at the WSP Scale House along Interstate 5.
The prosecutor’s determination, announced Monday, Oct. 5, followed an independent investigation by the Washington State Office of Independent Investigations, which released its report March 20 of this year.
According to a statement by Sheriff John Horch, Layton reported that Fogle was attempting to gain control of his loaded firearm during the struggle. An independent witness reported seeing Fogle pin Layton to the floor and hearing the deputy repeatedly tell Fogle to stop going for his gun.
The prosecutor’s review concluded that a reasonable officer in Layton’s circumstances would have believed deadly force was necessary to prevent death or serious physical harm. The office determined that Layton’s actions met Washington’s objective good-faith standard and that no further action was warranted.
Horch said he had intentionally refrained from publicly debating the incident while the independent investigation and legal review were pending.
“It would not have been appropriate to reach conclusions before those processes were complete,” Horch said in his statement.
The sheriff also expressed sympathy for Fogle’s family while defending Layton.
“Mr. Fogle’s death was a significant loss for his family and friends,” Horch said. “Nothing in the investigative findings diminishes that, and I sympathize with their loss.”
“I am grateful Deputy Layton survived this encounter,” Horch continued. “I stand behind Deputy Layton, and I believe it is important to say that publicly.”
The incident began shortly before midnight May 7, 2025, after deputies responded to a collision near Northeast 14th Court and Northeast Minnehaha Street in Vancouver. Fogle had crashed into two parked cars, and deputies suspected he was impaired.
Fogle was arrested on suspicion of DUI and transported to the WSP Scale House at 29317 Interstate 5 in Ridgefield. The facility includes a room equipped with a breath alcohol analyzer used during DUI investigations.
Body-camera footage previously released by the sheriff’s office shows Fogle expressing concern about losing his ability to work as a commercial driver following the DUI arrest.
As the investigation progressed, Fogle made increasingly distressed and threatening comments while alone in the room with Layton. At one point, Fogle pointed out that the two men were the only people in the room.
Layton then asked Fogle to stand and turn around. A physical struggle followed.
“He’s reaching for my gun,” Layton said over the radio during the confrontation. “Marc, you’re going to get (expletive) shot.”
Fogle responded, “Yeah, yeah. That’s what I want.”
The two men fell to the floor, with Fogle on top of Layton. Layton’s body-camera footage then cuts out.
The footage resumes about one minute and 10 seconds later, showing Fogle on the floor in handcuffs. Layton is seen cutting the back of Fogle’s hooded sweatshirt and T-shirt, revealing numerous stab wounds.
“I’m not going to let you die, Marc, you’re going to be OK man,” Layton tells him.
Fogle responds, “I’m dying.”
“You’re going to be OK,” Layton says. “Look, man, you’re not even bleeding that bad.”
Fogle was pronounced dead at the scene at 12:39 a.m. May 8, 2025. Other deputies and responding agencies attempted to provide first aid, and a Clark-Cowlitz Fire Rescue ambulance responded.
Layton was not physically injured.
The Washington State Office of Independent Investigations was notified because the incident involved deadly force. Under state law, CCSO personnel did not participate in the independent investigation.
The sheriff’s office later released critical incident video from Layton’s body-worn camera. The portion of the confrontation itself is not captured because the camera stopped recording when the two men went to the floor.
The circumstances surrounding the camera footage have become one of the central disputes between Fogle’s family and the county.
Fogle’s family filed a $27 million tort claim against Clark County in September, alleging that Layton’s use of deadly force was unjustified and that deputies improperly muted or deactivated body-worn cameras during the minutes following the stabbing. Attorneys Mark Lindquist and Angus Lee filed the claim on behalf of the family.
The independent investigation examined the circumstances surrounding the camera's interruption, while the prosecutor ultimately concluded that Layton’s use of deadly force was justified based on the available evidence.
Horch said that the prosecutor’s determination on Oct. 5 brings the criminal portion of the case to a close.
“Today’s determination brings the criminal review of this incident to a close,” Horch said.
