Topline: Missing dash camera footage led a judge to dismiss the second-degree murder charge against Aaron Spencer.
Published: June 7, 2026 6:00 am ET
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Right: Aaron Spencer, Left: Michael Fosler (via Facebook/Lonoke County Sheriff)
LONOKE, AR — A judge dismissed a second-degree murder charge against an Arkansas man accused of fatally shooting his daughter’s alleged rapist after finding that law enforcement lost video evidence of the incident.
Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Aaron Spencer, 37, weeks before the trial was scheduled to begin. Wilson ruled that the conduct by law enforcement was so egregious that dismissal was warranted as an “extraordinary and extreme remedy.”
The defense discovered in April 2026 that a Lonoke County Sheriff’s Office detective lost a dash camera memory card. Court documents obtained by PEOPLE magazine state the missing card may have captured the October 2024 shooting of Michael Fosler, 67.
According to court records, Fosler faced 43 sexual offense charges for allegedly assaulting Spencer’s 13-year-old daughter between June and July 2024. Fosler was out on bond when the shooting occurred.
On the night of Oct. 8, 2024, Spencer woke up and discovered his daughter was missing. Spencer located Fosler driving with the teenager in the passenger seat despite a no contact order and forced Fosler’s vehicle off the highway.
Spencer shot Fosler as he exited his vehicle. According to court documents, Spencer put his daughter in his own car, reloaded his gun, and called 911 to report that he shot the man.
Fosler died from the gunshot wounds. Spencer pleaded not guilty to second-degree murder, maintaining that he acted to protect his child from a predator.
Defense attorneys argued that the detective failed to document the existence of the memory card from Fosler’s truck. According to court filings, the defense asserted this failure aligned with legal standards for bad faith, including efforts to conceal exculpatory information and omitting evidence from reports.
Lonoke County Sheriff John Staley told CNN that the memory card disappeared while 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,” Staley said.
The defense also argued that the missing video possessed apparent exculpatory value that could not be replaced through any other reasonable means. Wilson agreed that the totality of the circumstances justified dropping the charge.
Spencer commented on the dismissal in a Facebook post, stating he acted to protect his daughter when the system failed. Spencer wrote that his experience showed him failures in law enforcement and the circuit court.
The dismissal comes three months after Spencer won the Republican primary for Lonoke county sheriff on March 3, securing 53.5% of the vote. The Arkansas Advocate reported that Spencer will face Democratic primary winner Brian Mitchell Sr. in the general election this fall.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Court Dismisses Murder Charge Against Father Accused of Shooting Daughter’s Rapist
Missing dash camera footage led a judge to dismiss the second-degree murder charge against Aaron Spencer.
By Kate Byrd
Published: June 7, 2026 6:00 am ET
Right: Aaron Spencer, Left: Michael Fosler (via Facebook/Lonoke County Sheriff)
LONOKE, AR — A judge dismissed a second-degree murder charge against an Arkansas man accused of fatally shooting his daughter’s alleged rapist after finding that law enforcement lost video evidence of the incident.
Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Aaron Spencer, 37, weeks before the trial was scheduled to begin. Wilson ruled that the conduct by law enforcement was so egregious that dismissal was warranted as an “extraordinary and extreme remedy.”
The defense discovered in April 2026 that a Lonoke County Sheriff’s Office detective lost a dash camera memory card. Court documents obtained by PEOPLE magazine state the missing card may have captured the October 2024 shooting of Michael Fosler, 67.
According to court records, Fosler faced 43 sexual offense charges for allegedly assaulting Spencer’s 13-year-old daughter between June and July 2024. Fosler was out on bond when the shooting occurred.
On the night of Oct. 8, 2024, Spencer woke up and discovered his daughter was missing. Spencer located Fosler driving with the teenager in the passenger seat despite a no contact order and forced Fosler’s vehicle off the highway.
Spencer shot Fosler as he exited his vehicle. According to court documents, Spencer put his daughter in his own car, reloaded his gun, and called 911 to report that he shot the man.
Fosler died from the gunshot wounds. Spencer pleaded not guilty to second-degree murder, maintaining that he acted to protect his child from a predator.
Defense attorneys argued that the detective failed to document the existence of the memory card from Fosler’s truck. According to court filings, the defense asserted this failure aligned with legal standards for bad faith, including efforts to conceal exculpatory information and omitting evidence from reports.
Lonoke County Sheriff John Staley told CNN that the memory card disappeared while 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,” Staley said.
The defense also argued that the missing video possessed apparent exculpatory value that could not be replaced through any other reasonable means. Wilson agreed that the totality of the circumstances justified dropping the charge.
Spencer commented on the dismissal in a Facebook post, stating he acted to protect his daughter when the system failed. Spencer wrote that his experience showed him failures in law enforcement and the circuit court.
The dismissal comes three months after Spencer won the Republican primary for Lonoke county sheriff on March 3, securing 53.5% of the vote. The Arkansas Advocate reported that Spencer will face Democratic primary winner Brian Mitchell Sr. in the general election this fall.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Editor Picks
Latest Articles
Court Dismisses Murder Charge Against Father Accused of Shooting Daughter’s Rapist
Missing dash camera footage led a judge to dismiss the second-degree murder charge against Aaron Spencer.
By Kate Byrd
Published: June 7, 2026 6:00 am ET
Right: Aaron Spencer, Left: Michael Fosler (via Facebook/Lonoke County Sheriff)
LONOKE, AR — A judge dismissed a second-degree murder charge against an Arkansas man accused of fatally shooting his daughter’s alleged rapist after finding that law enforcement lost video evidence of the incident.
Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Aaron Spencer, 37, weeks before the trial was scheduled to begin. Wilson ruled that the conduct by law enforcement was so egregious that dismissal was warranted as an “extraordinary and extreme remedy.”
The defense discovered in April 2026 that a Lonoke County Sheriff’s Office detective lost a dash camera memory card. Court documents obtained by PEOPLE magazine state the missing card may have captured the October 2024 shooting of Michael Fosler, 67.
According to court records, Fosler faced 43 sexual offense charges for allegedly assaulting Spencer’s 13-year-old daughter between June and July 2024. Fosler was out on bond when the shooting occurred.
On the night of Oct. 8, 2024, Spencer woke up and discovered his daughter was missing. Spencer located Fosler driving with the teenager in the passenger seat despite a no contact order and forced Fosler’s vehicle off the highway.
Spencer shot Fosler as he exited his vehicle. According to court documents, Spencer put his daughter in his own car, reloaded his gun, and called 911 to report that he shot the man.
Fosler died from the gunshot wounds. Spencer pleaded not guilty to second-degree murder, maintaining that he acted to protect his child from a predator.
Defense attorneys argued that the detective failed to document the existence of the memory card from Fosler’s truck. According to court filings, the defense asserted this failure aligned with legal standards for bad faith, including efforts to conceal exculpatory information and omitting evidence from reports.
Lonoke County Sheriff John Staley told CNN that the memory card disappeared while 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,” Staley said.
The defense also argued that the missing video possessed apparent exculpatory value that could not be replaced through any other reasonable means. Wilson agreed that the totality of the circumstances justified dropping the charge.
Spencer commented on the dismissal in a Facebook post, stating he acted to protect his daughter when the system failed. Spencer wrote that his experience showed him failures in law enforcement and the circuit court.
The dismissal comes three months after Spencer won the Republican primary for Lonoke county sheriff on March 3, securing 53.5% of the vote. The Arkansas Advocate reported that Spencer will face Democratic primary winner Brian Mitchell Sr. in the general election this fall.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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