Lexington Police say man attacked before he was fatally shot

The Lexington Police Department continues to investigate an early morning shooting that occurred on Sunday, in the Cherokee Village neighborhood.

At approximately 2:30 a.m., officers were dispatched to a shooting incident that had occurred on Cherokee Pond Court.  Upon arrival officers found a white male, who was later identified as Derek Alexander Fogle, who had been shot several times laying in the front yard of a residence.  

Fogle was transported by ambulance to Lexington Medical Center where he later died from his injuries.  Derek Fogle, age 31, was a resident of the Cherokee Village neighborhood and had lived at 184 Cherokee Pond Trail.

Officers made contact with Joseph Scott Nicewonger at 197 Cherokee Pond Court who stated that he had shot Derek Fogle during an unprovoked attack outside of his own residence.  

The investigation has shown that Derek Fogle approached the residence yelling at Nicewonger and then chased him from his garage and into his yard.  Fogle threw Joseph Nicewonger to the ground and struck him in the head repeatedly. Nicewonger, who was armed with a handgun, shot Fogle several times to end the confrontation.  Nicewonger immediately called 9-1-1 after the shooting and stood by in his yard until officers arrived.  Nicewonger has been fully cooperative during this ongoing investigation.

Detectives found that  Fogle may have been experiencing an altered mental state leading up to the shooting and had physically attacked his roommate just prior to the altercation with Nicewonger.  Witnesses in the neighborhood 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.

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.”

More to be released as toxicology results and other case information becomes available.  

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