"The court found law enforcement's conduct so egregious that dismissal of this case is warranted."
A second-degree murder charge against Aaron Spencer, the Republican nominee for sheriff in Lonoke County, Arkansas, was dismissed by a judge on Thursday due to the loss of a dash camera memory card by law enforcement. Spencer was charged in connection with the October 2024 fatal shooting of 67-year-old Michael Fosler.
Dismissal Ruling
Special Circuit Court Judge Ralph Wilson Jr. granted the dismissal, ruling that law enforcement's handling of missing evidence—specifically an SD card from a dash camera—impaired Spencer's ability to defend himself, violating his right to a fair trial. Spencer had pleaded not guilty.
Case Background
Aaron Spencer was charged with second-degree murder in the October 2024 death of Michael Fosler. According to prosecutors, Spencer confronted Fosler after finding him with his teenage daughter. Fosler was out on bond at the time, facing multiple sexual offense charges involving Spencer's then-13-year-old daughter.
Spencer argued he acted to protect his child, claiming self-defense and defense of others under Arkansas law. His attorneys maintained the lost evidence could have exonerated him. A jury trial had been scheduled to begin June 22.
Evidence and Legal Proceedings
A dash camera inside Spencer's truck may have recorded the altercation. The camera was collected at the scene by a detective. The detective stored the camera in his personal office instead of the evidence room. The internal settings were not preserved, and the battery was allowed to drain. When the camera was sent for forensic examination, the memory card was missing. There was no clear documentation of when, where, or who last had the card. The defense was not informed of the camera or missing card for months.
Judge Wilson ruled that the loss of the SD card impaired Spencer's ability to defend himself. The court found law enforcement's conduct "so egregious that dismissal of this case is warranted."
Legal Personnel and Prior Rulings
Judge Ralph Wilson Jr. replaced Judge Barbara Elmore on the case. The Arkansas Supreme Court removed Judge Elmore in January after finding she had issued an overly broad gag order that violated Spencer's First Amendment rights.
Statements
Spencer’s attorney, Erin Cassinelli, stated: "No member of this family should ever again be forced to walk into a courtroom and relive this horror."
Spencer thanked the community for support and stated: "There's still work to do in Lonoke County, and I'm more committed to it than ever."
Lonoke County Prosecuting Attorney Chuck Graham did not comment.
Political Context
In March, Spencer won the Republican primary for sheriff, defeating the three-term incumbent whose office had arrested him. Spencer has campaigned on creating a team to combat sex crimes against children, publicly sharing his daughter's experience. The impact of the dismissal on Spencer's candidacy and the upcoming general election remains unclear.