Man who shot 13-year-old daughter's alleged rapist has murder charge overturned

Warning: This article contains references to child sexual abuse which readers may find distressing

A father has had his second-degree murder charges dismissed, after he was accused of killing his 13-year-old daughter's alleged sexual abuser.

Aaron Spencer is currently standing as a candidate to be the next Arkansas Sheriff, but was scheduled to go on trial this month following the shooting.

Special Circuit Court Judge Ralph Wilson Jr. made the move to turn over the charges, blaming missing evidence and misconduct by law enforcement.

The Judge called the actions of law enforcement involved in the incident 'so egregious that dismissal of this case is warranted.'

According to The Guardian, authorities lost a dash-cam memory card they believe contained footage of the October 2024 shooting.

Spencer faced second-degree murder charged after it was alleged he shot 67-year-old Michael Fosler, following allegations Fosler had been targeting Spencer's teenage daughter.4

Spencer shot dead 67-year-old Michael Fosler who was in a vehicle with his teen daughter (Lonoke County Sheriff's Office)

Judge Wilson noted 'the unique, specific and particular facts and circumstances of this case'.

Spencer is a US army combat veteran, and prosecutors alleged that Fosler was driving away with Spencer’s 13-year-old daughter at the time of the killing on 8 October 2024.

Court documents show that the father woke up at about 1am to find his daughter missing from her bedroom.

ABC7 reports that at 1:12 a.m, Spencer’s wife called 911 to report their daughter missing.

The concerned father went searching for his daughter, eventually finding her in the passenger seat of a vehicle Fosler was driving.

He began honking and flashing his lights in an attempt to stop Fosler.

He forced Fosler’s truck off the road, there was an altercation, and he then called 911 to report he had shot the man, according to court records.

According to court documents, Spencer fired 16 shots, 15 of which struck Fosler.

He then proceeded to pistol-whip him in the face.

Spencer is now in the running to be the next sheriff (CNN)

Calling 911 at 1:34 a.m., Spencer told the call handler: "Michael Fosler is dead on the side of the road for trying to kidnap my daughter. I had no choice."

Prosecutors argued that Spencer could have called police during the pursuit rather than forcing them off road and it ending the way it did.

Spencer had pleaded not guilty of murder, however he did not deny shooting and killing Fosler, but said he did it to protect his daughter.

His defense attorney Erin Cassinelli said: “It is absolutely absurd to suggest that Aaron Spencer would sacrifice his daughter to a rapist, to a pedophile. I’m frankly stunned that that is even in anybody’s mind."

“I would think that the citizens of Lonoke would want a sheriff who understands that sending your child away in a car with a paedophile while you wait for police is not what the citizens want or deserve,”

She added: "The fact of the matter is that Michael Foster made a choice to continue victimizing this child and there’s nothing that they can say about Aaron Spencer that’s gonna change that — because he was a danger to her and everybody else."

Fosler was out on a $50,000 bond while facing 43 criminal charges at the time he was shot.

The charges included sexual assault, sexual indecency with a child, possession of child abuse imagery and internet stalking of a child.

Court documents show that all of those offences related to Spencer’s daughter.

Spencer is now running for the role of sheriff in Lonoke county, Arkansas.

“The people of Lonoke county stood up and chose transparency and accountability,” Spencer said.

“This wasn’t a campaign about me. It was about every family who called for help and got nothing. That betrayal ends tonight.”

If you’ve been affected by any of these issues discussed in this article or want to speak to someone in confidence regarding the welfare of a child, contact the NSPCC on 0808 800 5000, 10am-8pm Monday to Friday. If you are a child seeking advice and confidential support, call Childline for free on 0800 1111, 24/7. You can also contact Stop It Now for confidential support on 0800 1000 900.