The Clark County Prosecutor’s Office will determine whether any charges will be filed in this case

The Washington State Office of Independent Investigations (OII) has completed its investigation of a use of deadly force incident that took place Thursday, May 07, 2025, in Ridgefield. 

OII’s Final Case Report, OII-2025-0008 Fogle Final Case Report – Redacted, describes the incident and its investigation. It is now available on the OII website: Status of OII Investigations. The report has been redacted to protect the identities of witnesses who are interviewed and to remove sensitive photos.   

The incident resulted in the death of Marc Fogle. The involved officer was Clark County Sheriff’s Deputy Bryson Layton.  

The Final Case Report and the entire investigative file were provided to the Clark County Prosecutor’s Office on March 9, 2026. The prosecutor’s office was given time to determine whether they would require OII investigators to provide any additional information.  

OII has also provided a copy of the Final Case Report to the family of Fogle, the Clark County Sheriff’s Office, and the attorneys for Deputy Layton.  

The Prosecutor’s Office will determine whether any charges will be filed in this case. OII does not make a charging recommendation. 

Report summary

OII conducted an independent review of the May 7, 2025 fatal use of force involving Clark County Sheriff’s Office Deputy Bryson Layton and Marc Fogle following a DUI-related crash in Vancouver.

Fogle crashed a Toyota Avalon into multiple parked vehicles and admitted he had been drinking. He was arrested on suspicion of DUI and transported to the Washington State Patrol Ridgefield Port of Entry for breath testing. During processing, he repeatedly made statements indicating distress, including saying his life was “over” and referring to himself as a “dead man.”

Inside the BAC testing room, Fogle initially complied after being uncuffed but later refused a breath test and made additional concerning statements. When the deputy attempted to reapply handcuffs, a physical struggle began. During that struggle, the deputy reported that Fogle attempted to gain control of his firearm. The deputy then used a knife to stab Fogle multiple times. Fogle was restrained and given aid but was later pronounced dead at the scene.

OII assumed control of the investigation shortly after the incident and conducted a comprehensive review, including video evidence, forensic analysis, and officer statements, to provide information for prosecutorial decision-making.

The Legislature created OII in 2021 to conduct independent investigations of deadly use of force by law enforcement. The 11-member OII Advisory Board reviews and provides input on agency policies. Web view – News and Updates | OII