Topline: A fatal encounter in a breath-test room has brought a $27 million claim challenging a deputy’s use of a personal dagger and gaps in body-camera evidence.
Published: September 21, 2026 11:34 am ET
Randy Shaw
I cut my teeth in journalism when I began looking into what I saw as abuses of power in my local government. From then on, I was hooked on the dopamine rush of uncovering information.
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Screenshot of bodycam footage of Marc Fogle, left, and Deputy Bryson Layton.
RIDGEFIELD, WA — The family of Marc Fogle, a 54-year-old commercial truck driver fatally stabbed by a Clark County sheriff’s deputy in a breath-test room, has filed a $27 million wrongful-death claim against the county.
Attorneys Mark Lindquist and Angus Lee filed the claim September 17 over Deputy Bryson Layton’s May 7, 2025, encounter with Fogle, according to KIRO Newsradio. The family alleges Layton stabbed Fogle 17 times in the back with a personally carried, double-edged dagger the sheriff’s office had neither issued nor authorized.
Fogle had crashed into parked vehicles in Vancouver and admitted drinking. The claim says vehicle damage, deployed airbags and Fogle’s condition suggested a possible head injury, but deputies took him for breath testing instead of medical evaluation. It also alleges deficient training and supervision.
Inside the Washington State Patrol facility, Fogle expressed despair about his arrest. After Layton removed his handcuffs, Fogle refused testing and questioned whether they were alone. According to an investigative report described by OPB, Layton tried to handcuff him again. During the struggle, Layton radioed that Fogle was reaching for his gun. Fogle said he wanted Layton to shoot him, not to shoot the deputy himself.
The family alleges Layton pulled Fogle closer rather than creating distance and intentionally stopped his camera. State investigators described Fogle’s sweatshirt covering the lens and identified intentional operation or pressure on the button as possible explanations for the shutdown. The room’s surveillance camera provided no recording, according to the claim.
The claim also challenges Layton’s explanation that his Taser could not work at close range, citing department policy describing an effective range beginning at zero feet. The family says his holster was designed to prevent someone else from drawing his gun.
FOX 12 reported that video resumed roughly two minutes later with Fogle wounded on the floor. He died shortly afterward. The station also reported that state investigators found his blood on Layton’s firearm, evidence they said supported the deputy’s account of a struggle for the gun.
The claim alleges responding deputies muted recordings while Layton described and demonstrated the encounter, and during other discussions and witness interactions. KIRO reported that another deputy suggested muting after a supervisor instructed Layton to keep recording. The attorneys had separately raised camera concerns in July. OPB reported that department policy permits reasonable recording interruptions but calls for an explanation on camera.
The Office of Independent Investigations sent its findings to Clark County Prosecutor Tony Golik in March without deciding whether the force was justified. FOX 12 reported no announced charging decision as of September 17. The sheriff’s office declined substantive comment, confirmed Layton remained on active duty and estimated its internal review would take about three more weeks.
The claim precedes a planned lawsuit. KIRO reported that the attorneys’ three previous wrongful-death and excessive-force cases against the county produced settlements or awards of $7.5 million, $3.5 million and $1.25 million.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Family Seeks $27 Million After Clark County Deputy Stabs Marc Fogle 17 Times
A fatal encounter in a breath-test room has brought a $27 million claim challenging a deputy’s use of a personal dagger and gaps in body-camera evidence.
By Randy Shaw
Published: September 21, 2026 11:34 am ET
Screenshot of bodycam footage of Marc Fogle, left, and Deputy Bryson Layton.
RIDGEFIELD, WA — The family of Marc Fogle, a 54-year-old commercial truck driver fatally stabbed by a Clark County sheriff’s deputy in a breath-test room, has filed a $27 million wrongful-death claim against the county.
Attorneys Mark Lindquist and Angus Lee filed the claim September 17 over Deputy Bryson Layton’s May 7, 2025, encounter with Fogle, according to KIRO Newsradio. The family alleges Layton stabbed Fogle 17 times in the back with a personally carried, double-edged dagger the sheriff’s office had neither issued nor authorized.
Fogle had crashed into parked vehicles in Vancouver and admitted drinking. The claim says vehicle damage, deployed airbags and Fogle’s condition suggested a possible head injury, but deputies took him for breath testing instead of medical evaluation. It also alleges deficient training and supervision.
Inside the Washington State Patrol facility, Fogle expressed despair about his arrest. After Layton removed his handcuffs, Fogle refused testing and questioned whether they were alone. According to an investigative report described by OPB, Layton tried to handcuff him again. During the struggle, Layton radioed that Fogle was reaching for his gun. Fogle said he wanted Layton to shoot him, not to shoot the deputy himself.
The family alleges Layton pulled Fogle closer rather than creating distance and intentionally stopped his camera. State investigators described Fogle’s sweatshirt covering the lens and identified intentional operation or pressure on the button as possible explanations for the shutdown. The room’s surveillance camera provided no recording, according to the claim.
The claim also challenges Layton’s explanation that his Taser could not work at close range, citing department policy describing an effective range beginning at zero feet. The family says his holster was designed to prevent someone else from drawing his gun.
FOX 12 reported that video resumed roughly two minutes later with Fogle wounded on the floor. He died shortly afterward. The station also reported that state investigators found his blood on Layton’s firearm, evidence they said supported the deputy’s account of a struggle for the gun.
The claim alleges responding deputies muted recordings while Layton described and demonstrated the encounter, and during other discussions and witness interactions. KIRO reported that another deputy suggested muting after a supervisor instructed Layton to keep recording. The attorneys had separately raised camera concerns in July. OPB reported that department policy permits reasonable recording interruptions but calls for an explanation on camera.
The Office of Independent Investigations sent its findings to Clark County Prosecutor Tony Golik in March without deciding whether the force was justified. FOX 12 reported no announced charging decision as of September 17. The sheriff’s office declined substantive comment, confirmed Layton remained on active duty and estimated its internal review would take about three more weeks.
The claim precedes a planned lawsuit. KIRO reported that the attorneys’ three previous wrongful-death and excessive-force cases against the county produced settlements or awards of $7.5 million, $3.5 million and $1.25 million.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Editor Picks
Latest Articles
Family Seeks $27 Million After Clark County Deputy Stabs Marc Fogle 17 Times
A fatal encounter in a breath-test room has brought a $27 million claim challenging a deputy’s use of a personal dagger and gaps in body-camera evidence.
By Randy Shaw
Published: September 21, 2026 11:34 am ET
Screenshot of bodycam footage of Marc Fogle, left, and Deputy Bryson Layton.
RIDGEFIELD, WA — The family of Marc Fogle, a 54-year-old commercial truck driver fatally stabbed by a Clark County sheriff’s deputy in a breath-test room, has filed a $27 million wrongful-death claim against the county.
Attorneys Mark Lindquist and Angus Lee filed the claim September 17 over Deputy Bryson Layton’s May 7, 2025, encounter with Fogle, according to KIRO Newsradio. The family alleges Layton stabbed Fogle 17 times in the back with a personally carried, double-edged dagger the sheriff’s office had neither issued nor authorized.
Fogle had crashed into parked vehicles in Vancouver and admitted drinking. The claim says vehicle damage, deployed airbags and Fogle’s condition suggested a possible head injury, but deputies took him for breath testing instead of medical evaluation. It also alleges deficient training and supervision.
Inside the Washington State Patrol facility, Fogle expressed despair about his arrest. After Layton removed his handcuffs, Fogle refused testing and questioned whether they were alone. According to an investigative report described by OPB, Layton tried to handcuff him again. During the struggle, Layton radioed that Fogle was reaching for his gun. Fogle said he wanted Layton to shoot him, not to shoot the deputy himself.
The family alleges Layton pulled Fogle closer rather than creating distance and intentionally stopped his camera. State investigators described Fogle’s sweatshirt covering the lens and identified intentional operation or pressure on the button as possible explanations for the shutdown. The room’s surveillance camera provided no recording, according to the claim.
The claim also challenges Layton’s explanation that his Taser could not work at close range, citing department policy describing an effective range beginning at zero feet. The family says his holster was designed to prevent someone else from drawing his gun.
FOX 12 reported that video resumed roughly two minutes later with Fogle wounded on the floor. He died shortly afterward. The station also reported that state investigators found his blood on Layton’s firearm, evidence they said supported the deputy’s account of a struggle for the gun.
The claim alleges responding deputies muted recordings while Layton described and demonstrated the encounter, and during other discussions and witness interactions. KIRO reported that another deputy suggested muting after a supervisor instructed Layton to keep recording. The attorneys had separately raised camera concerns in July. OPB reported that department policy permits reasonable recording interruptions but calls for an explanation on camera.
The Office of Independent Investigations sent its findings to Clark County Prosecutor Tony Golik in March without deciding whether the force was justified. FOX 12 reported no announced charging decision as of September 17. The sheriff’s office declined substantive comment, confirmed Layton remained on active duty and estimated its internal review would take about three more weeks.
The claim precedes a planned lawsuit. KIRO reported that the attorneys’ three previous wrongful-death and excessive-force cases against the county produced settlements or awards of $7.5 million, $3.5 million and $1.25 million.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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