Marc Fogle’s sons allege a Clark County deputy used unjustified deadly force and that critical body-camera recordings were silenced afterward.
VANCOUVER, WA — The family of a 54-year-old Oregon truck driver fatally stabbed by a Clark County sheriff’s deputy has filed a $27 million tort claim against the county, alleging the deputy unjustifiably used deadly force and that officers muted body-camera audio during important conversations after the encounter.
Marc Fogle died May 7, 2025, after Deputy Bryson Layton stabbed him 17 times during a struggle inside a Washington State Patrol facility in Ridgefield. The claim, filed on behalf of Fogle’s sons, comes more than a year after the encounter and about six months after Washington’s Office of Independent Investigations completed its review and sent the case to the Clark County Prosecutor’s Office. As of Sept. 19, no charging decision had been publicly announced.
The encounter began after Fogle crashed his Toyota Avalon into parked vehicles in Vancouver. Investigative records say Fogle acknowledged drinking, and Layton arrested him on suspicion of driving under the influence. Fogle was then taken to the Washington State Patrol’s Ridgefield Port of Entry for breath testing. His family’s claim alleges deputies observed signs that could have indicated a head injury from the crash but did not take him for a medical evaluation.
Inside the breath-testing room, Layton removed Fogle’s handcuffs. Fogle declined the breath test and at one point questioned whether he and the deputy were alone, according to accounts of the body-camera footage and the state investigation. Layton then directed Fogle to stand and turn away so he could be handcuffed again. A physical struggle followed.
Audio recorded before the camera stopped shows Layton warning Fogle that he could be shot. Fogle responded that being shot was what he wanted and later said he wanted the deputy to shoot him, according to the independent investigative report. Layton also radioed that Fogle was reaching for his firearm. Investigators later found Fogle’s blood on Layton’s gun, evidence the state report said was consistent with contact involving the weapon.
Layton’s body camera stopped recording the encounter before the fatal stabbing was captured. State investigators reported that Fogle’s clothing covered the camera lens as the men struggled and that the device could have been turned off manually, intentionally or because pressure was placed on its button. The family’s claim alleges Layton deliberately deactivated the camera and argues Fogle’s hands were not positioned to turn it off. When recording resumed roughly two minutes later, the stabbing had already occurred.
The claim says Layton used a personally owned fixed-blade knife that was not issued or approved by the sheriff’s office. It also alleges the deputy had access to a Taser and should have used a less-lethal option. Layton told investigators that he did not consider the Taser a workable option at such close range, according to reporting on the investigative record. The family disputes that explanation. The state Office of Independent Investigations did not determine whether Layton’s use of deadly force was legally justified or whether he violated department policy.
The family’s attorneys have also focused on what happened after the stabbing. Body-camera audio reviewed by news organizations records a supervisor instructing Layton to keep his camera operating. Shortly afterward, another deputy can be heard suggesting that cameras be muted. The claim alleges deputies remained muted for about 10 minutes while Layton spoke with other officers and demonstrated parts of the confrontation through gestures. Attorneys previously told the sheriff’s office that at least seven deputies muted their cameras around the scene.
Clark County Sheriff’s Office policy allows officers to mute or deactivate body cameras in some circumstances, according to reporting on the policy, but attorneys for Fogle’s family contend the officers improperly silenced their microphones during a critical period following a death involving a deputy. A sheriff’s office spokesperson said in July that the agency planned to investigate the allegations involving the use of the mute function. Clark County officials declined to discuss the newly filed claim, citing litigation.
The Washington State Office of Independent Investigations completed its investigation in March and delivered its report and investigative file to the Clark County Prosecutor’s Office. The state agency does not decide whether criminal charges should be filed and does not make findings about whether an officer complied with department policy. The prosecutor’s office is responsible for deciding whether the evidence supports charges against Layton. No decision had been publicly announced as of Saturday.
Author note: Last updated September 19, 2026.