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Lexington PD says that investigation shows weekend shooting may have been in self-defense

Lexington, S.C. (Paul Kirby) – The Lexington Police Department has released some of the findings of their investigation into an early morning shooting that occurred on Sunday, July 23, 2017 in the Cherokee Village neighborhood.Those finding show that the shooting may have been in self-defense.

According to Corporal Cameron Mortenson, a spokesman for the Lexington Police Department, at approximately 2:30 a.m., officers were dispatched to the shooting that occurred on Cherokee Pond Court. When they arrived on the scene, they found Derek Alexander Fogle, 31, who had been shot several times. Officer say he was lying in the front yard of a residence. Fogle was transported by ambulance to Lexington Medical Center where he later died from his injuries. Mortenson said that Fogle was a resident of the Cherokee Village neighborhood and had lived at 184 Cherokee Pond Trail.

During the initial stages of their investigation, officers made contact with Joseph Scott Nicewonger at 197 Cherokee Pond Court. He said that he had shot Fogle during an unprovoked attack outside of his own home. The police investigation has shown that Fogle approached Nicewoger’s home yelling at him. Fogle then chased him from his garage out into his yard.

At that point, Fogle apparently physically attacked Nicewonger, and at some point, threw him to the ground. He also struck him in the head repeatedly. Nicewonger, who was armed with a handgun, drew his pistol and shot Fogle several times to end the confrontation.

Nicewonger immediately called 9-1-1 after the shooting. He then stood by in his yard until officers arrived. He has been fully cooperative during this ongoing investigation.

After further investigation, detectives found that Fogle may have been experiencing an altered mental state prior to the shooting. He had physically attacked his own roommate just prior to the altercation with Nicewonger. Other witnesses in the neighborhood said 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 the shooting incident.

Chief Terrence Green said, “This shooting is a tragedy and patience is appreciated while our detectives work diligently through every aspect of this case to its conclusion. I would also like to thank S.L.E.D. Crime Scene and the Lexington County Coroner’s Office as their work in this case has been appreciated.”

Police said that more information regarding the shooting will be released as toxicology results and other case information becomes available.

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