LONOKE, Ark. — A judge on Thursday dismissed a second-degree murder charge against Aaron Spencer, the Republican nominee for Lonoke County sheriff who was accused in the fatal shooting of a man authorities say had abused his teenage daughter.
Special Circuit Judge Ralph Wilson Jr. granted Spencer’s motion to dismiss the charge, ruling that investigators violated the defendant’s due process rights by failing to properly preserve a dash camera and SD card from the victim’s truck. The evidence was not photographed, remained unlogged for more than a year in a detective’s office and the SD card later vanished, according to court records and the judge’s order.
Spencer, of Lonoke County, was charged in the Oct. 8, 2024, death of 67-year-old Michael Fosler. Authorities said Spencer pursued Fosler after finding him with his 14-year-old daughter in a vehicle. Spencer has maintained he acted to protect his daughter. Fosler faced dozens of felony charges related to the alleged abuse at the time of the shooting.
The case drew significant attention after the Arkansas Supreme Court removed the original presiding judge and intervened on other pretrial issues. Spencer’s attorneys argued that the missing evidence, which may have recorded events leading to the shooting, deprived him of a fair trial. The judge’s order noted the mishandling was so severe that dismissal was warranted.
Court records show the order granting dismissal was entered Thursday afternoon in Lonoke County Circuit Court, case 43CR-24-551. The ruling leaves the docket open, with no immediate indication from prosecutors on whether they plan to refile charges.
Spencer won the Republican primary for sheriff earlier this year while awaiting trial. A felony conviction would have disqualified him from holding the office. No new trial date had been set following earlier delays.
The case has been closely watched across Arkansas, highlighting issues of parental protection, evidence handling by law enforcement and the judicial process in high-profile matters.
