By Becca Robbins
The Columbian, Vancouver, Wash.
CLARK COUNTY, Wash. — An Oregon man can be heard on body camera footage telling a Clark County sheriff’s deputy he wanted him to shoot him as they struggled over the deputy’s gun, moments before the deputy fatally stabbed him.
The video summary released Thursday by the sheriff’s office begins with footage of deputies responding at 10:58 p.m. May 7 to a crash near Northeast 14th Court and Minnehaha Street.
A driver, identified by deputies as Marc Fogle, 54, of Clackamas, Ore., crashed into two cars parked along Minnehaha Street. Fogle can be heard on Deputy Bryson Layton’s body camera video saying he had been drinking. As Layton approaches, Fogle said, “My life’s (expletive) over.” Layton replied, “I wouldn’t go that far.”
When Fogle handed deputies his driver’s license, he noted that he has his commercial driver’s license certification, the video shows.
“As you will see, I am a CDL driver, and, like I said, my life’s (expletive) over,” Fogle said.
Layton arrested Fogle on suspicion of driving under the influence and transported him to the Washington State Patrol weigh station on Interstate 5 near Ridgefield, about 18 miles north of the crash scene. The video summary notes that the weigh station’s scale house has a room with a machine used to analyze breath-alcohol levels. They arrived at the scale house at 11:33 p.m., the video states.
When they arrived, the video shows Layton telling Fogle that he would take off his handcuffs if he cooperated. Once inside, Layton removed Fogle’s handcuffs, and Fogle put his hands on his head. Layton told Fogle he didn’t have to do that, but Fogle said, “This is for your safety.”
Layton asked Fogle multiple times if Fogle planned to hurt him. Fogle promised he wouldn’t. Fogle also said, “You don’t know who you’re dealing with.” Layton asked Fogle again if Fogle was going to hurt him, and Fogle said “no.” Then, Layton told Fogle he trusted him, according to the video.
A minute later, Fogle said, “Maybe I’ll make it through the night. I don’t know.” Layton told Fogle he would make it through the night and that “this isn’t as big a deal as you think it is,” according to the video.
Fogle again said his life was over. Layton asked Fogle why, and Fogle again said he was a commercial driver and wouldn’t be able to make a living anymore. Layton assured Fogle he had arrested commercial drivers before who were able to find ways to move forward. Fogle adamantly disagreed, the video shows.
Fogle later told Layton, “I’m a dead man. You’re talking to a dead man.” Layton disagreed, according to the video.
When Fogle again said he wouldn’t make it through the night, Layton asked Fogle if he was going to kill himself. Fogle replied, “Who knows?” Layton asked Fogle if there was someone he could call for Fogle to talk to, and Fogle said “no,” the video shows.
Fogle can later be heard saying, “You know what’s crazy is it’s just you and me in this (expletive) room.” Layton told Fogle that although they were alone in the room, the scale house is a police station and state troopers were in the building. When Fogle asked Layton if he was sure and how many troopers were in the building, Layton turned and asked Fogle why he was saying that, according to the video.
Layton told Fogle he was going to put him back in handcuffs and instructed Fogle to stand and turn around. Fogle stood and asked Layton if he was sure. As Layton pushed Fogle’s chest to turn him around, Fogle can be seen in the video reaching toward Layton’s waist.
Layton can be heard shouting at Fogle to get away from him. Layton radioed that he was fighting with Fogle and that Fogle was reaching for his gun, according to the video.
Layton shouted, “Marc, you’re going to get (expletive) shot,” and Fogle replied, “Yeah, that’s what I want.” Layton repeatedly shouted at Fogle to get away from him, the video shows.
The pair can be seen falling to the ground, with Fogle on top of Layton. Fogle can be heard saying, “I’m not looking to shoot you,” moments before the video summary says Layton’s camera was deactivated during the struggle.
The video resumes with Fogle lying face down on the floor, now in handcuffs, appearing to be nonresponsive. Layton can be seen cutting off Fogle’s shirt and sweatshirt, revealing more than a dozen stab wounds on Fogle’s upper back.
Layton can be heard out of breath, asking a state patrol employee, now seen in the video, for medical supplies.
Layton told Fogle, “I’m not going to let you die, Marc. You’re going to be OK, man.” Fogle can be heard in the video groaning and giving an unintelligible response. Medical personnel arrived and pronounced Fogle dead at 12:39 a.m. May 8, the video summary states.
Layton remains on administrative leave, which is standard protocol. The Office of Independent Investigations is investigating the stabbing and will forward its report to the Clark County Prosecuting Attorney’s Office for review.
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