The Lexington Police Department posted a 25-minute video of Lexington Fayette Urban County Councilwoman Tayna Fogle’s March 10 arrest late Tuesday, the same day the charges against Fogle were dropped.
The video, posted to LPD’s YouTube channel and its social media accounts late Tuesday, shows Fogle at a local AT&T store on Richmond Road. Fogle had previously said she went to the store because she was having repeated problems with her account.
In the video, Lexington Police Officer Sharp was seen walking into the store and asked Fogle to leave after a manager said they tried to help her and she “escalated.”Lexington police did not release the first name of the officer.
“I’m not escalating,” Fogle told the manager in the video.
Officer Sharp told Fogle again to leave and said if she didn’t, she would go to jail.
“Okay. Lock up the council member,” Fogle said in the video. “Can you just leave me alone and let me calm down? You are not above the law either and I know my rights.”
Fogle asked the officer to give her five minutes to calm down. Sharp refused and told Fogle she had to go.
“You are not above the law because you are a council member,” Sharp said.
Fogle then said the real problem was she was “not the right color.” Fogle is Black.
About three minutes elapsed from the time Sharp approached Fogle to when Fogle rose from the table she had been sitting at.
After telling Sharp she was not refusing to leave, Fogle then started to walk out with her cell phone pointed toward him. As she neared the front door, Sharp grabbed her arm, which Fogle was seen slapping back.
“Don’t touch me,” Fogle said.
Sharp then told Fogle she was under arrest. Fogle repeatedly asked Sharp not to touch her and Sharp replied, “You are going to jail.”
Sharp placed his hands on Fogle’s coat and told her to stop resisting. Fogle said she was not resisting arrest as she walked outside.
“I was walking outside when you put your hands on me,” Fogle said.
Eventually multiple officers arrived at the scene. Officers were seen putting Fogle in handcuffs before she was placed into a police cruiser, which arrived after the released video footage ends.
Fogle was initially charged with criminal trespassing, menacing, and resisting arrest, all misdemeanors. On Tuesday, Fayette District Judge Lindsay Hughes Thurston dismissed the charges at the recommendation of a special prosecutor who said there was not enough evidence to charge Fogle.
Fogle, who was first elected in 2022, is running against Tyler Morton, a former council aide, and Darnell Tagaloa, a sales executive, in the May 2022 primary. The First District includes many downtown neighborhoods.
When reached for comment Wednesday, Fogle said she wished the Lexington Police Department would release body-worn videos for other cases. Fogle also said she is trying to move on and represent the First District.
“LPD must not respect or trust in the judicial system or the opinion of the special prosecutor or the judge or law,” Fogle said. “Let’s keep praying for our community to have peace. Children are dying. People are unhoused and hungry.”
Why did LPD release the video?
The Lexington Police Department does not regularly release body-worn camera footage on its YouTube page.
Hannah Sloan, a spokesperson for the department, said LPD released Fogle’s arrest video because of multiple requests for the video from the media.
“If an investigation is ongoing and the case is pending in court, the department refrains from disclosing any information that might hinder the investigation’s progress. However, once the case has gone through the court system, certain information about the case can be released per KRS 61.878,” Sloan said.
Fogle’s case was dismissed so therefore the video was released, Sloan said.
LPD very rarely voluntarily releases footage of officer-involved shootings on its YouTube or social media pages after the criminal cases have been concluded.
Lexington police did voluntarily release and post multiple body-worn camera videos of racial justice demonstrators in the summer of 2020.