Judge Dismisses Murder Charge Against Spencer

An Arkansas judge has dismissed murder charges against Aaron Spencer, a former Army veteran and GOP nominee for sheriff, who shot and killed Michael Fosler, accused of sexually assaulting his teenage daughter. The dismissal came after law enforcement mishandled evidence from the dash camera in Fosler’s truck.

Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Spencer on Thursday afternoon due to a police error involving a lost dash camera memory card that may have captured the shooting. According to court records, the detective who collected the camera admitted it was not logged into evidence right away but was instead stored in his personal office rather than the evidence room.

The judge cited law enforcement’s mishandling of dash-camera and SD card evidence from Spencer’s truck, stating that 'the loss or destruction of the internal SD memory card of the dash camera has adversely impaired the Defendant's ability to defend himself pursuant to these defenses, and thus his right to a fair trial.' The judge wrote that 'conduct by law enforcement was so egregious that dismissal of this case is warranted.'

Spencer admitted to shooting Fosler but pleaded not guilty, claiming self-defense while protecting his daughter. According to court documents, Spencer had woken up and discovered his daughter missing on the night of the shooting. After driving roughly 10 miles, he spotted Fosler's vehicle with their daughter in the passenger seat. Spencer forced Fosler’s truck off the road after an altercation and called 911 to report that he had shot Fosler.

Spencer won the Republican primary for Lonoke County sheriff in March and plans to continue his campaign. He said, 'There's still work to do in Lonoke County, and I'm more committed to it than ever.' Spencer’s attorneys argued that video and audio of the dash camera from Fosler’s truck may have contained evidence that would have cleared Spencer of any wrongdoing.