Shooter who killed Lexington man claims he was victim of unprovoked attack

The man shot to death in his front yard Sunday apparently was attacking his neighbor, who told police he shot the man to protect himself, police say.

Joseph Nicewonger told police he shot Derek Fogle several times during Fogle’s unprovoked attack on Nicewonger outside of his own residence, on Cherokee Pond Court in the Cherokee Village neighborhood. Fogle lived on nearby Cherokee Pond Trail.

No charges have been filed, said Cpl. Cameron Mortenson. But police continue to investigate. He said no determination has been made if the incident was self defense.

“The investigation continues and there has been no determination on charges,” said Mortenson, adding Nicewonger has been cooperating with police.

At approximately 2:30 a.m., officers found a white male, later identified as the 31-year-old Fogle laying in the front yard of Nicewonger’s residence, according to Mortenson.

Fogle approached the residence, yelling at Nicewonger and chased him from his garage and into his yard before throwing Nicewonger to the ground and hitting him in the head repeatedly, Mortenson said.

Nicewonger, armed with a handgun, shot Fogle several times, then called 911 and stood by in his yard until officers arrived, Mortenson said.

Fogle was transported by ambulance to Lexington Medical Center, where he later died from his injuries.

Mortenson said Fogle had physically attacked his roommate just prior to the altercation with Nicewonger.

Witnesses in the neighborhood said 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, Mortenson said.

Mortenson declined to comment when asked if Fogle had a criminal record or history of mental illness or was taking any prescription medication. He said more information would be released as toxicology results become available.

“This shooting is a tragedy and patience is appreciated while our detectives work diligently through every aspect of this case to its conclusion,” Chief Terrence Green said in a release.

This story was originally published July 24, 2017 at 5:40 PM with the headline "Shooter who killed Lexington man claims he was victim of unprovoked attack."