A murder case against Arkansas GOP sheriff nominee Aaron Spencer was dismissed after prosecutors lost an SD memory card that could have captured key dash-cam footage from the fatal shooting of Michael Fosler.
When Aaron Spencer walked into court, he carried a future built on a Republican primary victory for Lonoke County sheriff. By Thursday. June 4. that momentum was met with a jolt: a judge dismissed the second-degree murder charge against him. citing the loss of an SD memory card that officials said could have shown what happened the night Michael Fosler was shot.
Spencer, 37, had been charged in 2024 with second-degree murder in the fatal shooting of Fosler, who was in his 60s. The case unfolded against a backdrop of allegations Spencer’s 14-year-old daughter was the victim in sexually related offenses previously charged to Fosler.
A 19-page dismissal order issued Thursday, June 4, was granted due to violations of the Fifth and Fourteenth Amendments of the U.S. Constitution, according to court documents. The judge’s ruling centered on a dash-camera recording that prosecutors said they lost.
The order says officials lost an SD memory card found in the dash camera of Fosler’s truck. The state argued the footage may have been useful for Spencer’s case. The dismissal order states the video potentially would have shown Fosler with Spencer’s daughter. Spencer’s attempt to get Fosler to stop his truck. Fosler’s refusal. and Fosler actively fleeing from Spencer with the teenage girl in hand. along with other moments from the incident.
Special Circuit Court Judge Ralph Wilson Jr. ruled that the state violates the Due Process Clause when it destroys or loses evidence that could be useful to a defendant’s case, and when the government acted in bad faith in the destruction or loss of that evidence.
The night Fosler was killed began shortly after midnight on Oct. 8, 2024. Officials responded to a call on Highway 236 East about a missing juvenile—Spencer’s daughter. Court records state deputies were told the girl had been raped and sexually assaulted by Fosler in July of that year.
Spencer told investigators he was awoken by his dog barking and went to check on his daughter in her bedroom. When he looked, he found a stuffed animal in her place with her hoodie on it. Scared of what had happened to her. Spencer said he had his wife call 911 to report their daughter missing. according to court records.
He then left the family home and searched for his daughter. At the intersection of Highway 236 East and Highway 31 North. Spencer observed a white Ford F-150 belonging to Fosler turn off Highway 31 and onto Highway 236 East heading toward his home. Court records say Spencer used his car to force Fosler’s truck off the roadway.
Spencer pulled over. got out of his vehicle with a firearm. and ordered Fosler out. telling him to lie down in the ditch. Court records state Fosler grabbed the girl and prevented her from getting out. Spencer told police Fosler lunged toward him, and Spencer opened fire on Fosler, emptying his weapon.
The documents also state Spencer jumped on top of Fosler and pistol-whipped him. Spencer told police he then got his daughter out of the truck and returned to his vehicle, before reloading his weapon and calling 911.
During that call, Spencer told officials he had located the “man who kidnapped my daughter,” adding he was “dead on the side of the road” and he had “no choice.”
When authorities arrived, court records say Fosler was found lying on his back with visible gunshot wounds to his chest, abdomen and both his left and right arms. Officials located several 9mm casings on the roadway and a driveway, and in the ditch surrounding the white Ford F-150.
Authorities attempted to perform life-saving measures, but Fosler died of his wounds. Spencer was taken into custody, and his daughter was removed from the scene.
Police recovered a Glock 19 Gen 4 9mm pistol and took it into evidence. Court records say the gun was found on Spencer and had blood on the outside of the weapon.
Skid marks on the highway and through the ditch showed that Fosler’s truck had been forced off the road. Court records also state there was damage to the rear of the car consistent with impact.
After the decision. Spencer said in a news release. “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 of life and seek to return to normal.” He thanked his supporters. and said there was “still work to do in Lonoke County.”.
“I’m more committed to it than ever,” Spencer said.
The dismissal order. and the missing dash-camera SD memory card at its center. leaves behind an unusual fight over what prosecutors can prove—and what they can’t. In the days leading to the ruling. Spencer had already shifted from defendant to candidate. running for Lonoke County sheriff while the case was pending and winning the Republican primary in February.
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