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Prosecutors clear Clark County deputy in fatal stabbing; family’s $27 million suit continues
Clark County prosecutors say Deputy Bryson Layton was justified in using deadly force against Marc Fogle, who died after being stabbed 17 times during a 2025 encounter. Fogle’s family has filed a $27 million civil lawsuit alleging negligence and excessive force.
A Clark County sheriff’s deputy will not face criminal charges in the death of Marc Fogle, who was stabbed 17 times during a struggle with the deputy at a Washington State Patrol facility in May 2025, prosecutors said Monday.
The Clark County Prosecuting Attorney’s Office determined Deputy Bryson Layton was legally justified in using deadly force, concluding that a reasonable officer in the circumstances could have believed it necessary to prevent death or serious injury. The office said body-camera footage and other evidence supported Layton’s account that he feared for his life.
Fogle had been arrested on suspicion of driving under the influence on May 7, 2025, after crashing in an unincorporated area near Vancouver. A police report said he had struck several parked vehicles before the crash. He was taken to a Washington State Patrol Port of Entry blood-alcohol processing room.
According to police reports, Fogle made implied threats toward Layton. Body-camera footage shows Fogle reaching toward the deputy, followed by a physical struggle. Layton says on the recording, “He’s reaching for my gun.” Fogle replies, “Yeah, that’s what I want.” The camera is then obscured and stops recording. Prosecutors said pressure from Fogle, who was on top of Layton, caused the camera to shut off. When recording resumes, Fogle has been stabbed.
Investigators said Fogle had expressed suicidal thoughts while discussing the possibility of losing his job as a truck driver. Prosecutors said Layton and other officers tried to save him after the stabbing. An autopsy found 17 stab wounds.
Fogle’s family has filed a $27 million lawsuit accusing Layton of negligent, reckless and unconstitutional conduct. The family’s attorney, Mark Lindquist, has said the deputy used a personal double-edged dagger that was not issued or, as far as the family could determine, officially approved by the sheriff’s office.
Lindquist said the decision not to bring criminal charges does not resolve the civil case. Criminal prosecutions require proof beyond a reasonable doubt, while a civil claim generally uses a “more likely than not” standard, he said. The family’s lawsuit alleges negligence and excessive force, claims that have not been decided in court.