Tipsheet

Judge Dismisses Murder Case Against Father Who Killed His Daughter's Abuser

A judge in Lonoke County, Arkansas, on Thursday dismissed second-degree murder charges against Army veteran Aaron Spencer, who was facing charges for fatally shooting Michael Fosler, who allegedly sexually abused and kidnapped his minor daughter.

The decision came just weeks before Spencer, who is currently running for county sheriff, was scheduled to stand trial for the 2024 incident.

Special Circuit Court Judge Ralph Wilson Jr. ruled that law enforcement’s faulty handling of evidence made it impossible to give Spencer a fair trial. Much of the issue centered on a dash camera memory card taken from Fosler’s truck. The camera could have recorded the incident, but it was lost while in custody after a detective reviewed and returned it to the device without following proper procedures.

“The court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Wilson wrote in the 19-page order. 

The judge described his decision to dismiss the case as an extraordinary, but necessary ruling to protect Spencer’s due process rights, CNN reported. Spencer’s attorney, Erin Cassinelli, said the ruling protects the rights of the accused while holding law enforcement accountable for failing to respect these rights.

The saga began in the spring of 2024 when Spencer’s 13-year-old daughter was helping to care for her sick grandfather. This was when she was introduced to Michael Fosler, a 67-year-old former Indian police chief. He began grooming her through text message exchanges.

Fosler went on to abuse the girl multiple times over the following months. The authorities charged him in September 2024 with 43 felonies, including rape, grooming, sexual assault, sexual indecency with a child, internet stalking of a child and possession of child pornography. Circuit Judge Barbara Elmore released him on a $50,000 bond despite the severity of the charges. However, she did issue a no-contact order that Fosler violated by continuing to contact the victim.

Even though we anticipated his release, we thought the pending felony charges and a no contact order would be enough to keep him away from our child. We were wrong,” Heather wrote in a post on Facebook. But it didn’t stop him. 

On the night of October 8, 2024, the daughter went missing from the family home. Spencer got in his vehicle and went searching for his child. He later found Fosler’s truck and saw his daughter sitting in his passenger seat. Spencer forced Fosler’s vehicle off the road and confronted him.

Spencer told police that Fosler charged at him while holding an object, which prompted him to fire his pistol to protect himself and his daughter. He called 911 immediately after the shooting. Fosler died from his wounds and the police arrested Spencer. He was later charged with second-degree murder with a firearm enhancement. The father maintained that he acted as any other father would to protect his child.

Spencer celebrated the judge’s ruling, saying he “did what any good father would do — just save and protect their child.”

Meanwhile, Spencer won the Republican primary race for sheriff. He decided to run for office to deal with the failures in the justice system that sought to punish him for defending his child.