Army vet dad running for sheriff gets murder charge dismissed in shooting of daughter's alleged predator

Arkansas Judge Dismisses Murder Charges Against Sheriff Candidate Aaron Spencer

LONOKEN, Ark. — A special circuit court judge has dismissed second-degree murder charges against Aaron Spencer, a Republican sheriff candidate and Army veteran who admitted to shooting Michael Fosler, 67, in October 2024.

The dismissal comes after Judge Ralph Wilson Jr. determined law enforcement's mishandling of critical dash-camera evidence was so severe that Spencer's right to a fair trial was compromised.

According to court records, Spencer had been charged in connection with the October 8, 2024 shooting in Lonoke County. Prosecutors alleged Spencer discovered Fosler alone with his teenage daughter inside Fosler's pickup truck during the early hours and forcibly took control of the vehicle before reporting the shooting to emergency services.

Fosler faced multiple prior sexual offense charges involving Spencer's daughter and was out on bond at the time of his death.

In her ruling, Judge Wilson cited the loss or destruction of the internal SD memory card from Spencer's dash camera as a critical factor. The defense argued that law enforcement failed to provide documentation about when the SD card went missing or any details regarding its disappearance.

"After weighing all circumstances, the court found that law enforcement's conduct was so egregious that dismissal of the case was warranted," Judge Wilson wrote in her order.

"The loss of the dash camera's memory card has materially impaired the defendant's ability to mount a proper defense, thereby violating his constitutional right to a fair trial," her ruling stated.

The judge described the dismissal as "an extraordinary and extreme remedy" that is rarely applied in criminal cases, but deemed necessary given the specific circumstances.

Spencer, who defeated the incumbent sheriff in the Republican primary, had been scheduled to go to trial on June 22. He had pleaded not guilty to the murder charges while acknowledging he had fired the fatal shot.

In campaign appearances, Spencer had spoken about reforming law enforcement from within, saying through his own experiences with the justice system he understood the failures that can occur. His campaign platform included promises to address issues within the Lonoke County Sheriff's Office.

"The loss of this evidence fundamentally undermines the state's case and prevents the jury from hearing what actually happened that night," said Spencer's attorney, who was not immediately available for further comment.

Attempts to reach the Lonoke County Prosecuting Attorney's Office, the Lonoke County Sheriff's Office, and Spencer's defense team were not immediately successful.

Legal experts note that while dismissals are uncommon in serious criminal cases, they become more likely when evidence is lost or destroyed, particularly when it could significantly impact the outcome of the case. The constitutional right to present a defense often requires that all relevant evidence be preserved.

The case had generated significant attention prior to its dismissal, with many following the developments given Spencer's candidacy for sheriff and the sensitive nature of the underlying circumstances involving a parent's alleged response to protect their child from what prosecutors indicated was sexual assault.

Details regarding how the case dismissal might affect Spencer's upcoming election campaign have yet to be determined, with investigations ongoing into how the dash-camera evidence was lost or destroyed.