A choose on Thursday dismissed a second-degree murder charge against Aaron Spencer, the Arkansas sheriff candidate who was scheduled to go on trial this month for killing a person accused of sexually assaulting his teenage daughter.
In the order dismissing the case, Special Circuit Court Judge Ralph Wilson Jr. cited lacking proof and misconduct by legislation enforcement, saying it “was so egregious that dismissal of this case is warranted.”
Spencer admitted to gunning down Michael Fosler within the early hours of October 8, 2024, after he discovered him along with his daughter after midnight regardless of a no-contact order. Fosler, 67, was out on bond whereas dealing with dozens of expenses, together with web stalking of a kid and sexual assault in reference to Spencer’s daughter, who was 13 on the time.
In February, Spencer received the Republican major for Lonoke County sheriff, saying he’s working to repair a justice system that failed to guard his daughter.
Spencer had admitted to the killing however pleaded not responsible to the murder charge. His trial was anticipated to begin June 22.
“First, I want to thank God, my wife, and my family. And I want to thank the people of Lonoke County who stood with us when it would have been easier to look the other way. I won’t forget it. The support we’ve received has carried our family,” Spencer mentioned Thursday in a press release despatched to the media.
“Neighbors here in Lonoke County, people from every part of Arkansas, and folks I’ve never met from around the world reached out, prayed for us, and refused to stay quiet,” he added. “When I couldn’t converse for myself, you spoke for me. I’ll by no means be capable of thanks the best way you deserve, however I’ll spend the remainder of my life making an attempt to stay as much as it.
“My focus now is on my family and getting back to a normal life. I would ask people to please respect my family’s privacy as we move into this next phase … I’m grateful this chapter is closed.”
In earlier statements Spencer and his spouse mentioned their daughter had vanished from her bed room earlier that October night time. Spencer mentioned he jumped into his Ford truck and searched the roads round their house till he noticed her in Fosler’s truck, rammed the automobile off the highway and shot him throughout an altercation.
“I did what any good father would do — just save and protect their child,” he advised NCS in February.
Spencer’s legal professional has mentioned that he and his spouse feared their daughter was in grave hazard when she left their home with Fosler that night time. She was the one witness to the sexual assault expenses against Fosler, whose trial was set to start three months later.
“At that time, she was the only thing standing between him and life in prison,” mentioned Erin Cassinelli, the protection legal professional.
One key concern within the case was a lacking SD reminiscence card from the sprint digicam in Fosler’s automobile. Spencer’s legal professional argued it contained proof that will make clear what occurred that night time, and had sought to have the case dismissed over its disappearance.
Judge Wilson appeared to agree, discovering in his ruling {that a} detective mishandled the proof and didn’t comply with correct process.
“The Court acknowledges that dismissal is an extraordinary and extreme remedy. However, based on the totality of the circumstances and the unique, specific, and particular facts and circumstances of this case, the Court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Wilson wrote in his dismissal order.
In February, Lonoke County Sheriff John Staley advised NCS that the reminiscence card disappeared whereas in custody of the Attorney General’s forensics unit.
“The detective reviewed it and didn’t see anything of evidentiary (nature) so he put it back in the camera … We don’t know what happened to the SD card. We certainly wish the SD card was there. I don’t know where that happened, and humans are humans,” he mentioned.
When reached by NCS after the dismissal Thursday, Staley mentioned he takes accountability for the detective’s failure to comply with process and has terminated him.
“I believe in accountability. I can’t speak on what the judge said or his feelings,” he advised NCS. “I can tell you that I agree he (the detective) didn’t do a decent job, and ultimately that falls on my shoulders as the sheriff.”
In an surprising twist, Spencer announced last fall that he was working for sheriff against the incumbent whose deputies arrested him. Spencer, an Army veteran with no legislation enforcement expertise, defeated Staley, a Republican who’d been in workplace for over 13 years.
Spencer’s prosecution sparked outrage on social media and prompted a number of petitions calling for the costs against him to be dropped, together with one signed by more than 380,000 people. It additionally prompted conversations throughout Arkansas and past a few father or mother’s authorized limits in defending their little one. Some observers expressed concern in regards to the influence of taking justice into one’s personal palms.
Thursday’s dismissal of the costs clears a path for Spencer to probably grow to be Lonoke County’s sheriff in November. As the Republican candidate, he’s nicely positioned in a county the place Donald Trump acquired almost 76% of the vote in 2024.
“No member of this family should ever again be forced to walk into a courtroom and relive this horror. This father should have never been charged for protecting his child,” Cassinelli mentioned Thursday in a press release.
“Today, the court did exactly what courts are supposed to do: protect the rights of the accused and hold our law enforcement accountable for following the same laws they are sworn to uphold.”