Clark County deputy accused of stabbing DUI suspect to death will not be charged; deemed ‘justified’
Oct 6, 2026, 6:42 AM
(Photo courtesy of KIRO 7)
(Photo courtesy of KIRO 7)
A Clark County Sheriff’s Office deputy accused of stabbing a DUI suspect to death last year will not be charged, according to the prosecutor’s office.
On May 7, 2025, Marc Fogle was arrested for DUI after crashing his car in an unincorporated part of Vancouver, Washington. Vancouver. Before crashing, he hit several parked vehicles, according to a police report.
Fogle denied medical attention at the scene but said that his life was “f****** over.”
He was arrested and taken to the Washington State Patrol Port of Entry Blood Alcohol Content room for processing.
According to police reports, Fogle allegedly began making implied threats toward Deputy Bryson Layton.
Body cam footage shows him getting into a fight with Layton. The body cam footage ends abruptly. When it resumes, Fogle had been stabbed more than a dozen times.
He reportedly expressed suicidal thoughts over the possibility of losing his job as a truck driver while speaking with investigators.
Then, he is seen on body cam reaching toward the deputy, and a fight ensues.
“He’s reaching for my gun,” the deputy said. “Marc, you’re going to get f***ing shot.”
“Yeah, that’s what I want,” Fogle said on the footage.
He briefly wrestled with the deputy. The body cam is covered, then stops recording.
According to the Clark County Prosecuting Attorney’s Office, the body-worn camera shut off due to the pressure of Fogle on top of Layton.
An autopsy determined that Fogle had been stabbed 17 times.
Prosecutors said that Layton and other responding officers tried to save Fogle’s life.
According to the prosecutor’s office, Layton was “lawfully justified in the use of deadly force in this case,” and no criminal charges will be filed.
In their findings, the prosecutor’s office said:
“Layton was in fear for his life. The BWC and other evidence in this case corroborate what Deputy Layton reported. A similarly situated, reasonable officer, considering all the facts, circumstances, and information known to the involved officer at the time they used deadly force in this case, would have believed the use of deadly force was necessary to prevent death or serious physical harm to the officer. Hence, the actions of Deputy Layton met the objective good faith test set forth in RCW 9A.16.040(4). The use of deadly force by Clark County Sheriff’s Deputy Bryson Layton was lawfully justified in this case. No criminal charges will be filed against Deputy Layton. ”
Fogle’s family has filed a $27 million suit. The suit, filed by former Pierce County prosecuting attorney Mark Lindquist, alleges “negligent, reckless and unconstitutional” conduct by the deputy.
“They want accountability. They want justice, and they want answers,” Lindquist told KIRO 7 in September. “There are so many red flags here. Double-edged daggers are not issued by sheriff’s offices; this dagger was not issued by the sheriff’s office and, as far as we can tell, was not even officially approved by the sheriff’s office. This was the deputy’s own personal dagger.”
In a statement regarding the decision not to criminally charge Layton, Lindquist wrote:
“Prosecutors reviewing cases for criminal charges use an entirely different standard than the standards applied to a civil case. For example, criminal cases apply a ‘proof beyond a reasonable doubt’ standard.
Civil cases only apply a ‘more likely than not’ standard.’ Criminal cases require criminal intent. Civil cases only require a showing of negligence.
Therefore, the finding of a prosecutor on criminal charges has no bearing on a civil lawsuit. We remain confident there were numerous mistakes made in the Fogle case that support our allegations of negligence, excessive force, and other claims.”
