L – Aaron Spencer campaign photo; R, Inset – Aaron Spencer mug shot after his arrest | Images by Amy Leigh/X
A judge has dismissed a second-degree murder charge against Arkansas sheriff candidate Aaron Spencer, ruling that missing evidence and misconduct by law enforcement made it impossible for the case to proceed.
Special Circuit Court Judge Ralph Wilson Jr. issued the dismissal order on Thursday, finding that investigators’ mishandling of evidence was so serious that the case warranted dismissal before trial. Spencer had been scheduled to stand trial on June 22 for the October 2024 shooting death of Michael Fosler, 67.
Fosler had been facing dozens of criminal charges, including internet stalking of a child and sexual assault allegations involving Spencer’s daughter, who was 13 at the time. Fosler was out on bond when he was killed, as The Dallas Express previously reported.
Spencer acknowledged shooting Fosler but pleaded not guilty to the murder charge. According to court records, Spencer woke up during the early morning hours of October 8, 2024, and discovered his daughter was missing. He later located her in a vehicle being driven by Fosler. Court documents state Spencer forced the truck off the road and shot Fosler following an altercation. He then called 911.
In his ruling, Wilson pointed to the disappearance of an SD memory card from a dash camera in Fosler’s vehicle, evidence Spencer’s attorneys argued could have helped explain what occurred that night. The judge concluded that investigators failed to preserve evidence and properly follow established procedures.
“The Court acknowledges that dismissal is an extraordinary and extreme remedy. However, based on the totality of the circumstances and the unique, specific, and particular facts and circumstances of this case, the Court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Wilson wrote, CNN reported.
The missing memory card became a central issue in the case. According to court records, a detective collected the dash camera from Fosler’s truck but did not immediately log it into evidence. The camera was reportedly stored in the detective’s personal office instead of an evidence room. The camera’s battery later drained, causing its settings to reset, and the memory card was missing when the device was sent to the Arkansas attorney general’s office for forensic examination.
Lonoke County Sheriff John Staley said earlier this year that the memory card disappeared while in the custody of the attorney general’s forensic unit. Following Thursday’s ruling, Staley said he had terminated the detective involved and accepted responsibility for the failure.
“I believe in accountability. I can’t speak on what the judge said or his feelings,” Staley said, per CNN. “I can tell you that I agree he (the detective) didn’t do a decent job, and ultimately that falls on my shoulders as the sheriff.”
Spencer and his attorneys have maintained that he acted to protect his daughter. In February, Spencer told CNN, “I did what any good father would do — just save and protect their child.”
Defense attorney Erin Cassinelli argued that Spencer and his wife believed their daughter was in immediate danger that night. She noted that the teenager was the sole witness in the pending sexual assault case against Fosler, whose trial was scheduled to begin several months later.
“At that time, she was the only thing standing between him and life in prison,” Cassinelli said, according to CNN.
After the dismissal, Spencer thanked supporters who rallied behind him throughout the case.
“First, I want to thank God, my wife, and my family. And I want to thank the people of Lonoke County who stood with us when it would have been easier to look the other way. I won’t forget it. The support we’ve received has carried our family,” Spencer said in a statement, CNN reported.
“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,” he added. “When I couldn’t speak for myself, you spoke for me. I’ll never be able to thank you the way you deserve, but I’ll spend the rest of my life trying to live up to it.”
Spencer said his immediate focus is on his family and returning to normal life.
“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 … I’m grateful this chapter is closed.”
Cassinelli praised 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.”
“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.”
The dismissal comes months after Spencer won the Republican primary for Lonoke County sheriff. An Army veteran with no law enforcement experience, he defeated incumbent Sheriff John Staley in the primary after campaigning on what he described as failures within the justice system.
In his campaign announcement, Spencer said, “I’m the father who acted to protect his daughter when the system failed,” DX reported.
Spencer also pledged to create a dedicated team focused on investigating sex crimes against children.
The case drew widespread attention across Arkansas and beyond, generating debate over the legal limits of parental protection and prompting petitions calling for the charges to be dropped. One petition gathered more than 380,000 signatures.
With the murder charge dismissed, Spencer remains positioned to continue his campaign for sheriff ahead of the November election.
