Judge Dismisses Murder Charge Against Arkansas Sheriff’s Candidate

A judge has decided to throw out the murder charge against Aaron Spencer, an Arkansas man who won the GOP nomination for sheriff while awaiting his trial. Spencer was accused of killing his teenage daughter’s alleged abuser, Michael Fosler, in 2024. The decision came down from Special Circuit Court Judge Ralph Wilson Jr. on Thursday afternoon, weeks before Spencer’s trial was scheduled to begin. The case was dismissed due to a lost dash camera memory card that might have recorded the event.

Spencer secured the GOP nomination in March, defeating a three-term incumbent sheriff whose team initially arrested him for the murder in Lonoke County. The county has a population of around 76,000. Judge Wilson cited misconduct by law enforcement as the reason behind the dismissal. “The court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” wrote Wilson.

Spencer’s attorneys acknowledged that their client shot Fosler, who was 67 at the time. Fosler had been out on bond after being charged with numerous sexual offenses against Spencer’s then-13-year-old daughter. Court documents show that the incident occurred when Spencer woke up to find his daughter missing. He later discovered her in Fosler’s vehicle, prompting him to force Fosler off the road. After an altercation, Spencer called 911 to report the shooting.

Prosecutors argued that Spencer had premeditated the killing and should have contacted the police while in pursuit of Fosler. However, Spencer maintained his innocence, claiming his actions were in defense of his child. In a statement, Spencer expressed gratitude to his supporters, stating, “Neighbors here in Lonoke County, people from every part of Arkansas, and folks I’ve never met from around the world reached out, prayed for us, and refused to stay quiet.”

Attorney Erin Cassinelli, representing Spencer, applauded the court’s decision, saying, “No member of this family should ever again be forced to walk into a courtroom and relive this horror. This father should have never been charged for protecting his child.” Lonoke County Prosecuting Attorney Chuck Graham did not immediately comment on the decision.

Aaron Spencer has made the case central to his campaign for sheriff, advocating for a dedicated team to address sex crimes against children. His legal team argued that the video and audio from Fosler’s dash camera might have absolved Spencer of guilt. The camera, however, had its internal settings lost and its battery drained, returning to default settings. When sent for examination, the memory card was missing. A detective admitted to not logging the camera into evidence right away, instead storing it in his personal office as per court records.

Judge Ralph Wilson Jr. replaced Judge Barbara Elmore in January after the Arkansas Supreme Court found that Elmore’s gag order on Spencer violated his First Amendment rights.