Shooting death of Midlands man in 'altered mental state' ruled a justifiable homicide

Shooting death of Midlands man in 'altered mental state' ruled a justifiable homicide

LEXINGTON, SC (WIS) - The Lexington Police Department released the findings of a shooting death earlier this summer, where they say a man in an "altered mental state" was shot in killed in an altercation he started.

On Sunday, July 23, officers arrived at a shooting in the Cherokee Village neighborhood, where they found Derek Alexander Fogle, 31, laying in the front yard of the home of a neighbor. He was taken to Lexington Medical Center where he later died.

Police have ruled Fogle's death a justifiable homicide, in accordance with the state's Protection of Persons and Property Act. The act allows that when someone is attacked at their residence, in their vehicle, or at their business, that they can meet the attack with force, to include the use of deadly force if necessary to protect themselves or someone else from death or great bodily injury or to prevent the commission of a violent crime.

"There is not a duty to retreat," the act states.

We are not publishing the name of the person who shot Fogle because he has not been charged with any crime.

Lexington police said the person who shot Fogle did so during "an unprovoked attack" outside of his home. He says Fogle approached him and chased him in his yard and garage before he was shot to end the altercation. Detectives also said that Fogle may have been experiencing "an altered mental state" and attacked his roommate before the shooting.

Witnesses in the neighborhood also stated that they had heard and seen Fogle causing a disturbance by yelling, knocking on doors and walking through several yards just prior to the assault and shooting incident.

Toxicology results showed the presence of Tetrahydrocannabinol (THC), Trazodone, Venlafaxine, and Desmethylvenlafaxine in Fogle's body at the time of his death.

The shooter did call 911 after the incident and stood in his yard until police arrived.

"Detectives found that all elements of this investigation fell within the Stand Your Ground law and that during this incident, though tragic, [the roommate] acted lawfully in the protection of his personal safety."

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