Aaron Spencer, a Lonoke County father charged with second-degree murder for the fatal shooting of Michael Fosler, has requested the Arkansas Supreme Court to lift a gag order imposed on his case. The gag order, which limits pre-trial publicity, was issued by Judge Barbara Elmore following Spencer’s arraignment on December 2, 2024.
During a hearing last week, Spencer’s attorneys, Erin Cassinelli and Michael Kiel, argued for the removal of the gag order, and on Thursday, the state Supreme Court agreed to hear arguments on the matter. Oral arguments are scheduled for April 10, 2025.
Incident Details
The charges against Spencer stem from an incident that occurred around 1:12 a.m. on October 8, 2024. According to reports from the Lonoke County Sheriff’s Office, deputies were called to a home on Highway 236 East following reports of a missing 14-year-old girl.
Authorities reported that Spencer discovered his teenage daughter inside a vehicle with Fosler, which led to a confrontation. Amid rising tensions, Fosler was allegedly shot by Spencer. When deputies arrived, Fosler was pronounced dead at the scene. Spencer was taken into custody and later charged with second-degree murder.
Previous Charges Against Fosler
Court documents reveal that Fosler had a history of charges related to crimes against minors, including two counts of alleged internet stalking of a child, two counts of fourth-degree sexual assault, two counts of sexual indecency with a child, and 36 counts of possession of child sexual abuse materials. It remains unclear if Spencer’s family had any prior connection to Fosler.
Defense and Prosecution Positions
During Spencer’s arraignment, where he pleaded not guilty, his defense attorney, Erin Cassinelli, stated that Spencer acted out of fear for his daughter’s safety, emphasizing that she had allegedly been the victim of multiple violent assaults. Cassinelli argued that many parents would have reacted similarly in the circumstances.
Prosecuting Attorney Chuck Graham, however, suggested that Spencer’s fear was only part of the story and indicated that there were additional details that could not be disclosed due to the gag order. Graham emphasized the importance of presenting the full context of the case during the trial.
Upcoming Trial Date
Spencer, who was released on bond following his not-guilty plea, is set to face a jury trial on March 19, 2025, at 9:00 a.m. The decision by the Arkansas Supreme Court regarding the gag order could play a significant role in how much information becomes publicly available before the trial.
As the case progresses, the community remains divided, with some sympathizing with Spencer’s actions and others urging a thorough examination of all the facts.
