Special Circuit Court Judge Ralph Wilson Jr. dismissed a second-degree murder charge against Aaron Spencer, an Arkansas sheriff candidate who had been scheduled to go on trial for killing Michael Fosler, 67.
The judge cited missing evidence and misconduct by law enforcement as reasons for the dismissal.
In his ruling, Wilson wrote that “the conduct by law enforcement was so egregious that dismissal of this case is warranted.”
Spencer’s attorneys did not deny that he shot and killed Fosler in 2024. At the time, Fosler had been out on bond after being charged with dozens of sexual offenses against Spencer’s then-13-year-old daughter.
Court documents show that on the night of the shooting, Spencer woke up to find his daughter missing. He 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.
Prosecutors claimed Spencer planned the killing and could have called police while pursuing Fosler. But Spencer pleaded not guilty and maintained he acted to protect his child from a predator.
Spencer stated that community support “carried our family,” saying neighbors in Lonoke County, people from every part of Arkansas, and individuals from around the world had reached out, prayed for them, and refused to stay quiet.
Spencer’s attorney, Erin Cassinelli, expressed gratitude 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. “This father should have never been charged for protecting his child.”
Cassinelli added that her focus now is on her family and returning to a normal life, while emphasizing the need for a safer Lonoke County.
The dismissal resulted from Lonoke County Sheriff’s deputies mishandling evidence. The court noted that failure to preserve critical evidence—a memory card from a dash camera in Fosler’s truck—violated Spencer’s right to due process and constituted conduct “so egregious that it warrants dismissal.”
This case has drawn national attention since its inception, with the man Spencer allegedly killed being arrested in July 2024 on charges of 43 counts including sexual assault of a minor. Fosler was released on $5,000 bond pending trial.
Spencer’s case had been assigned to Judge Elmore, who initially issued an improper gag order and sealed the record. The Arkansas Supreme Court later intervened, rescinding the gag order and removing Judge Elmore from the case after she tried to limit public access.
Spencer won the Republican primary for Lonoke County Sheriff in March, defeating incumbent Sheriff John Staley whose deputies had arrested Spencer on the murder charge.