Murder charge dismissed against Arkansas sheriff candidate

An Arkansas judge has dismissed a murder charge against Aaron Spencer, a Lonoke County sheriff candidate who fatally shot a man accused of sexually abusing his 13-year-old daughter, ruling that authorities mishandled evidence central to his defense.

Special Circuit Court Judge Ralph Wilson Jr. dismissed the second-degree murder case Thursday, finding that the Lonoke County Sheriff’s Office failed to properly label, store or preserve a dashboard camera and SD card from the truck driven by Michael Fosler, 67. Wilson said law enforcement’s conduct was “so egregious” that dismissal was warranted.

Spencer, a 37-year-old U.S. Army combat veteran, was charged in the Oct. 8, 2024, shooting death of Fosler in Lonoke. Fosler had been charged a month earlier with more than 40 sexual-related offenses involving Spencer’s daughter, including sexual assault, sexual indecency with a child, possession of child abuse imagery and internet stalking of a child, according to The Guardian. NBC News reported that Fosler faced 43 sexual-related offenses. He was out on bond at the time; The Guardian reported the bond was $50,000.

Court documents say Spencer woke in the early morning hours of Oct. 8 and found his daughter missing from her bedroom. His wife called 911 to report the disappearance. Spencer then searched for the girl and found her in the passenger seat of Fosler’s truck.

According to court records cited by NBC News, Spencer told detectives he hit the rear of Fosler’s vehicle during a chase, ordered Fosler to get out and shot him after Fosler lunged at him. The Guardian reported that Spencer forced Fosler’s vehicle off the highway before the men had an altercation and Spencer shot him. After the shooting, Spencer called first responders. NBC News reported that he told a dispatcher he had “had no choice.”

Prosecutors argued that Spencer intentionally and illegally killed Fosler and could have called law enforcement rather than pursuing him. Spencer pleaded not guilty. He did not deny fatally shooting Fosler, but maintained that he acted legally to protect his daughter.

Spencer’s defense argued that footage from the dashboard camera could have provided key evidence about what happened that night, including showing that Fosler was with Spencer’s daughter. Wilson agreed that the missing evidence damaged Spencer’s ability to defend himself.

“The Court finds that the loss or destruction of the internal SD memory card of the dash camera has adversely impaired Defendant’s ability to defend himself pursuant to these defenses, and thus his right to a fair trial,” Wilson wrote.

After the ruling, Spencer said he was “grateful this chapter is closed.”

“My focus now is on my family and getting back to a normal life. I would ask people to please respect my family’s privacy as we move into this next phase of life and seek to return to normal,” he said in a statement, according to NBC News.

The Guardian reported that Spencer also said he was “more committed … than ever” to the sheriff’s race and thanked supporters “who stood with us when it would have been easier to look the other way.” His statement added: “There’s still work to do in Lonoke” and, “Together, we can build a safer and stronger … county.”

Erin Cassinelli, Spencer’s lead attorney, said he “should have never been charged for protecting his child.” She said the court “did exactly what courts are supposed to do: protect the rights of the accused and hold our law enforcement accountable for following the same laws they are sworn to uphold.”

Spencer said his case inspired him to run for sheriff. He defeated incumbent Republican Sheriff John Staley, who oversaw his arrest, in a closed party primary in March, according to The Guardian. He now advances to the November election against Democratic candidate Brian Mitchell Sr. With the murder charge dismissed, Spencer remains eligible to continue his campaign; NBC News reported that a conviction would have made him ineligible.