LONOKE, Ark. (AP) — A judge has dismissed a murder charge against an Arkansas sheriff nominee who was accused of killing his teenage daughter’s alleged abuser in 2024.
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Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Aaron Spencer Thursday afternoon — just a few weeks before his trial on the second degree murder charge was expected to begin — because a dash camera memory card that may have captured the shooting was lost by law enforcement.
“The court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Wilson wrote.
Spencer’s attorneys did not deny that he shot and killed Michael Fosler, 67, while Fosler was out on bond after being charged with dozens of sexual offenses against Spencer’s then-13-year-old daughter.
Court documents show on the night of the shooting, Spencer had woken up to find his daughter missing, and later found the girl in the passenger seat of a vehicle Fosler was driving. Spencer forced Fosler’s truck off the road and after an altercation called 911 to report he had shot the man.
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Prosecutors said Spencer planned the killing and that he could have called police while pursuing Fosler. But Spencer pleaded not guilty, and maintained he acted to protect his child from a predator.
Spencer’s attorney, Erin Cassinelli, said she is thankful for the court’s decision.
“No member of this family should ever again be forced to walk into a courtroom and relive this horror,” she said in a statement. “This father should have never been charged for protecting his child.”
The Associated Press typically does not identify sex abuse victims, but Spencer has made his daughter’s experience with the criminal justice system a central part of his campaign for sheriff.
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