A judge has dropped the murder charge against an Arkansas sheriff candidate who killed a man accused of sexually abusing his daughter.
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Aaron Spencer was charged with second-degree murder in the October 2024 killing of Michael Fosler, 67, who had been charged with sexually abusing Spencer's 13-year-old daughter.
On Thursday, a judge dismissed the murder case against Spencer after ruling that the Lonoke County Sheriff's Office mishandled evidence. Law enforcement's conduct was “so egregious†that it warranted the dismissal, Special Circuit Court Judge Ralph Wilson Jr. said in his ruling.
The killing happened after Spencer discovered his daughter missing from her bedroom in the early morning hours of Oct. 8 and found her in Fosler's truck, according to court documents. Spencer told detectives he hit the rear of the vehicle during a chase, ordered Fosler to get out and shot him after Folster lunged at him, the documents said.
According to the documents, Spencer, who'd had his wife call 911 to report their daughter's disappearance, called a second time after the killing and told a dispatcher that he'd “had no choice.â€
Fosler, who had been charged a month prior with 43 sexual-related offenses related to Spencer's daughter, was out on bond at the time.
Spencer said his case inspired him to run for office, and he went on to win the Republican nomination for Lonoke County sheriff in March.
On his website, Spencer said he “fully disputes the charges against him†and said his actions were that of “a father protecting his child.â€
In his ruling dismissing the murder case, Wilson found the sheriff's office did not properly label, store or preserve a dash camera and an SD card from Fosler's truck.
Spencer's defense argued that the camera footage would have provided key evidence and shown the events of the night, including that Fosler was with Spencer's daughter.
“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.
Following the ruling, Spencer said he was “grateful this chapter is closed.â€
“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.
Erin Cassinelli, Spencer's lead attorney, said Spencer “should have never been charged for protecting his child.â€
“Today, 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,†she said.
With the charge dismissed, Spencer is clear to continue is run for sheriff ahead of the November election. If he had been convicted, he would've been ineligible.
