Duck hunting incident leads to fight at store

By RICHARD WALKER, T&D Staff WriterFriday, December 07, 2007

25 comment(s) | Default | Large

NORWAY - Four men have been charged with second-degree lynching in connection with a Thanksgiving Day fight captured on a store video camera.

One of the men involved in the fight says it started after a remark was made about a Thanksgiving duck hunting trip. While town police say the fight was fueled by alcohol, the grandfather of one of the men in the fight says it was started by hate.

"I saw hate in that tape. Hate, hate, hate," said Tony Fogle, whose grandson, Ross Fogle, was one of two men beaten at Shorty's Horizon that night.

However, Norway Police Capt. Curtis Mizell said that based on his investigation and from reviewing the tape, he doesn't believe the altercation was hate-based.

"I don't think so," Mizell said. "I think it was more alcohol-induced than anything else."

Regardless, four individuals were arrested following the brawl. Charged with second-degree lynching was Reginald Youmans, 33, of 145 Youmansville Road; Marion Washington Jr., 25, of 308 Block Road; McKenzie Clemons, 23, of 148 Norfield Road; and Christopher Burkett, 32, of 778 Henry Road. Burkett was charged with two counts of second-degree lynching.

Lynching is the legal term used when several people gang up on another.

At the Orangeburg-Calhoun Regional Detention Center, no booking photos were available of any of the individuals charged in the incident. Officials explained the individuals may not have been processed as of Wednesday.

On Tuesday, the men were taken before Orangeburg County Magistrate Meree Williamson, who set bond on each at $1,000 surety.

The owner of Carolina Fresh Farms, Tony Fogle, asked for and was granted recognition during Norway's town council meeting Monday night. Fogle then introduced a copy of the security tape obtained from the convenience store.

In an interview Tuesday, the World War II veteran explained his actions at the town council meeting by saying the alteration occurred 11 days prior and he wanted action. Fogle said he felt that with the lack of an arrest, "something wasn't right."

Mizell said the delay in making the arrests is not uncommon, but added that he began the paperwork process to obtain the warrants the day after the incident. The defendants resided outside of Norway PD's jurisdiction, which required assistance from the Orangeburg County Sheriff's Office to serve the warrants.

"It being out in the county, I can't just go and serve the warrant," Mizell said. "They (OCSO) were short-handed."

Officials believe the hubbub began Thanksgiving afternoon when Ross Fogle and some cousins were duck hunting on a 28-acre parcel of land. That parcel, outside of Norway and known locally as Elizabethtown, is at least partially owned by Tony Fogle.

The 22-year-old Ross Fogle said he and his party were across a pond and about 300 yards from any type of residential structures, so far as he knew. After shooting and downing several ducks, "all of a sudden, it was shooting, we heard bullets coming through the trees. We just got down" and crawled out, he said.

About an hour later, Ross and his cousins returned to the wooded area to retrieve the ducks. Ross Fogle said there was some type of party going on in the residential area, but believed he and his party to be out of range from anyone or any structures.

The Fogle group then went to Shorty's Horizon on the south side of town at about 7:30 p.m. There they were confronted by several individuals traveling in a Ford SUV, he said.

"He was like, 'Y'all the ones doing the shooting over there?'" Ross Fogle said. "He said there was shot coming down around them. But ain't no way.

But I said I'm sorry if I did anything."

Fogle said another male exited the Ford and began making threats against him. Fogle said he turned and walked into the store, with the male following.

"It really made me mad when he came up and spit in my face," Fogle said. "And then all three of them jumped on me."

One of Fogle's relatives entered the fray to help, "and they jumped on him," Fogle said.

The fight, caught on the store's camera, lasted about five minutes, resulting in a small cut on Fogle's lip.

Having been with the Orangeburg County Sheriff's Office and now the head of the Norway Police Department, Mizell said the western Orangeburg County community is not known for such instances.

"No, no sir," Mizell said. "I think the last major incident was when we had a crime spree in one night."

In that Dec. 18, 2006 incident, two men, one in Denmark and one in Norway, were shot, and one Norway woman was raped. Five men were charged in those assaults and are still awaiting adjudication in court.

Tony Fogle believes the incident, in which the men beaten were white and the suspects are black, was racially motivated. Mizell does not believe the Thanksgiving altercation was race-based.

"No, sir. Not at all," Mizell said. "I think more people are more upset that it happened in Norway than it being racially motivated. Just the fact that it happened in Norway has more people upset."

Mizell did say that one of the defendants gave an unsolicited statement that at least that defendant was drunk at the time of the fight.

"I think one said that the guy shooting didn't care that kids were at the location," Mizell said. "I think that with the intoxication, that set him off, made him mad."

T&D Staff Writer Richard Walker can be reached by e-mail at rwalker@timesanddemocrat.com or by telephone at 803-533-5516. Discuss this and other stories on-line at TheTandD.com.

 
25 comment(s)
The following comments are reader submitted. They do not represent the views of The T&D or Lee Enterprises.

sweatr wrote on Dec 14, 2007 9:55 PM:

" Etown, there were no hate crime charges filed to be dismissed. Maybe you need to read the article, I at no point saw anything about pellets piercing resident’s homes, adlibbing a little are we? I also never saw anything about hunting after dark. You make up a lot don’t you. Lastly, nothing should happen to the hunters; they were on their land minding their own business, the people that fired indiscriminately in the direction of the hunters and then got into a vehicle after drinking are the ones that should be punished. "

Etown wrote on Dec 14, 2007 4:13 PM:

" Sweatr I do belive that the hate crime charges were dismissed by the twon council as well as the local police.Maybe becasue the punsihment did not fit the crime.Maybe you need to read the article or maybe a book even.I don't recall anyone being charged with dui.I do recall the children being told to go inside when the pellets from the shotguns of the hunters began to hit the homes of the residents in that area.The last time I checked there were no laws against adults drinking in the privacy of there own home.As far as the intent to shoot anyone, are you speaking of the hunters or the residents?There were no reports of anyone in the hunting party being treated for gun shot wounds while there are reports of the residents homes being pierced by pellets.Never the less I do agree with you when you say justice needs to be served.I do think that the shots being fired in the area where these kids that were out side playing and these drinking adults that were not behind the wheel of a car that you want to have charged with DUI lives were endangered by these hunters.The children being outside alone should qualify as several attempted murder charges.I do think that the fact that they were hunting after dark near these people homes should be reported to the SCDNR.I do hope that justice is served for all parties involved.Oh then again, the young men have been arrested and charged with 2nd degree lynching.What has happened to the hunters again? Yeah that sounds like justice to me! "

st. matt wrote on Dec 14, 2007 3:40 PM:

" ATL states, "By the way... how did they know what color the hunters were if they could not see them prior to the altercation?" My response is how did they know the hunters where white when they got to the gas station? "

st. matt wrote on Dec 14, 2007 3:36 PM:

" bloodhound, my apologies. You are right there is no set distance for hunting ducks on private land. The 600 ft is for public waters. "

bloodhound wrote on Dec 14, 2007 11:56 AM:

" I just wanted to let st. matt know that there is no yardage distance pertaining to duck hunting. There is a legal distance for DEER HUNTING ONLY. That is 300 yards from a residence. "

ATL wrote on Dec 14, 2007 10:35 AM:

" They were not charged for a hate crime because it wasn't. The fight did not happen "just because the hunter is white". The fight happend because of the hunting incident. So it's not a hate crime. By the way... how did they know what color the hunters were if they could not see them prior to the altercation? They were charged correctly with the lynching charge because it was 4 against 1. How do u know the person driving the car was under the influence? They article stated the kids were moved inside the house, so how was it reckless endangerment? If it was reckless endangerment... then the hunters should be charged with reckless endangerment as well. And from my understanding.. people in the thanksgiving party fired shots into the air and not back at the hunters... there was no "shootout" as Sweatr proclaims. Yup.. so sounds like you all are reaching for "typical justice" or "justice as usual" when it comes to these young men. Meaning making sure they are punished for charges that doesnt apply or sticking any and many charges to them as possible. Yup, sounds like "typical justice" "

sweatr wrote on Dec 13, 2007 10:58 PM:

" Etown, maybe you need to go back and read the article! This "day of giving thanks" involved a bucnh of grown-ups, drinking and then intentionally trying to shoot people; that is really protecting the kids, isn't it? Why wasn't a report filed, possibly no evidence of pellets anywhere near the residence. Also, no this isn't justice because these men where only charged with 2nd degree lynching and not charged under stiffer hate crime legislation, which carries stiffer penalties, and I have yet to hear about any charges being filed for reckless endangerment, attempted murder (firing weapons at the hunters) or DUI. So lets all unite and call for justice. Lets see that justice is served. "

Etown wrote on Dec 13, 2007 10:41 AM:

" It is obvious that st.matt has never had his kids placed in un necessay danger due to the negligence of man kind.These days and times I don't know many people that don't have guns in there homes and cars everyday.Read the articel.The police was called due to the pellets that was to close to the children and no report was filed.Put yourself in the place of this family whose day of giving thanks was so rudely interrupted by the actions of these hunters.All parties are at fault not just the fighters.But then again, only the fighters are charged, is that justice? "

st. matt wrote on Dec 12, 2007 10:21 PM:

" ATL if the they were defending the kids b/c the hunters were shooting the guns near the kids, then retaliation should not have been shooting their guns back at the hunters around the kids. "

st. matt wrote on Dec 12, 2007 10:18 PM:

" ATL they might have been closer, and if it was a Thanksgiving gathering why was there guns there with alcohol while kids where around. I can understand alcohol at a Thanksgiving event but if pellets did pepper the house then the resolution did not have to be firing back and then fighting. It could have been handled better than it was. No violence had to be involved. "

ATL wrote on Dec 12, 2007 1:53 PM:

" St.Matt well it's obvious that they had to be much closer if the pellets were reaching the homes. And it was a Thanksgiving gathering and not a party. "

st. matt wrote on Dec 12, 2007 9:01 AM:

" First off, if the hunters were 300 yards away they have the right in the law to hunt there. The law states they have to be at least 600 ft away of residential proerty to hunt waterfowl. Second if they were 300 yards away then the pellets form the shotgun would not even fly that far to pepper the house, party or whatever it was. Steel shot is to heavy to go that far. Third, if it was a party why were kids around with guns and alcohol? "

sdub wrote on Dec 10, 2007 11:06 PM:

" There may be no justification for four on one, but there is also no justification for shooting and spraying pellets on someone's home. I can assure you that this was no hate crime. It has been my experience that things look worse on camera than they really are. Were these gentlemen admitted into the medical center, or were they simply shaken-up. I don't agree with the way that the situation developed, but calling it a hate crime would be highly erroneous. "

prophet wrote on Dec 10, 2007 10:39 PM:

" Previous comments were based on the little sniplet of the video available for download. It is not fair and yes someone should have accepted the apology offered by Ross. Poor judgement played a major part in this altercation. I am sure that they will be held accountable for their actions. Hopefully, this will come to pass without replications. God please Bless us all, and give us the strength to forgive our Norway brothers and sisters. "

cindy wrote on Dec 9, 2007 8:26 PM:

" Ross might have held his own. But, it was not called for. If it would have been you. You would not be so smart in saying what you said. I think that grown men acking in the way they did. Show they have no respect for other people. The saying. "It takes a bigger man to walk away." So, I guess it shows us who the bigger man was. When, I see Ross in the video with the men hitting on him. Makes me sick. I just think that. That could be one of my sons. And lord help them .... Because, that is just not right and fare to the one person. (Four on one) "

prophet wrote on Dec 9, 2007 3:24 PM:

" There should be an investigation into the Duck hunting and pellet locations that initialized this whole incident. Maybe some poor judgement by the hunters? Secondly, arrests were made and surety bonds posted. Finally, the movers and shakers of NORWAY should be considerate and remember all the previous times that allowed excusing for many unfair acts.This is not Hate... A fight that RF seems to have held his own. "

sweatr wrote on Dec 8, 2007 11:30 PM:

" First, utsey, people are questioning why it took so long to get these people arrested. Secondly, why are they only charged with second degree lynching and not being tried under hate crime legislation which carries a stiffer penalty. "

mikeutsey wrote on Dec 7, 2007 9:45 PM:

" For all of you that read the article......and just disregarged it, did you not notice that these people who accosted this young man was in fact arrested. What more would you have liked to happen. I am satisfied that they are arrested for this brutal assault. Would you rather the situation be handled the old fashion way..think again. But right is right and wrong is wrong and these guys are wrong and should have been arrested. If these suspects felt threatened at all, the authorities should have been contacted. But if this would have been reverses as you say, the race card would have been played and it would have been an outcry, but I think the police would have been called after the retaliation. Some people don't think before they do things. And I am sure as you all know, ignorance comes in all colors, including yours! Enuff Said! "

ATL wrote on Dec 7, 2007 8:34 PM:

" Where there any racial slurs used? If not there is no indication that it s a hate crame. I'm in Atlanta and from reading the artical.. It seems like the duck hunters were attacked because they were shooting the guns near the kids, NOT because they were white. I think they were prepared to fight regardlesss of what race the duck shooters were.. "

reddawg wrote on Dec 7, 2007 7:12 PM:

" These people are so intellegent that they tried to kill each other over a bird. I"ll let you hunt on my place to kill a poor duck, if you promise not to shoot at each other. "

Hannibal wrote on Dec 7, 2007 6:07 PM:

" Racial harmony in Norway? Interesting thought, when the railroad track has always divided the town along racial lines. "

stupification wrote on Dec 7, 2007 3:46 PM:

" Yep, just blow it off Mizell. Already water under the bridge. Alcohol is a sorry excuse, treat it like all the rest of the incidents have been treated. The standard has already been set. Don't make it a one sided standard. Fair is Fair right, or does that count for only one paticular race? "

truthhurts07 wrote on Dec 7, 2007 10:57 AM:

" WHERE IS THE "REV" JESSI JACKSON OR AL SHARPTON!!! "

tdreader wrote on Dec 7, 2007 10:15 AM:

" ...and if the scenario was reversed what would have been the basis for this incident? Where are those groups that stand up for equality now? "

ANNUAL wrote on Dec 7, 2007 9:58 AM:

" wheres the outrage at this well?????? call the FBI "



» Post a comment Thanks for your comment! Once approved, your comment will appear on the site.

You must be logged in to comment.

Click Here To Sign in

Click here to get an account
it's free and quick
Please note: The Times and Democrat provides our story commenting feature in order to solicit feedback, debate and discussion on topics of local interest. Please keep in mind that civility is a necessary component of productive conversation. All blatantly inflammatory or otherwise inappropriate comments (i.e. vulgarity, marketing, etc.) are subject to rejection and/or removal. Comments will appear if and when they are approved. Thanks for reading, and thanks for participating.

More News