A judge in Arkansas has dismissed a second-degree murder charge against Aaron Spencer, an Army veteran and Republican candidate for Lonoke County sheriff, after he fatally shot a man accused of sexually assaulting his teenage daughter. The case, which drew national attention, was dropped on Thursday (June 4) due to missing evidence and law enforcement misconduct.

Special Circuit Court Judge Ralph Wilson Jr. ruled that the actions of law enforcement in handling the case were so serious that they justified dismissing the charges. A key piece of evidence—a memory card from the dash camera of Michael Fosler’s vehicle—went missing while in official custody. Judge Wilson wrote that dismissing the case was an “extraordinary and extreme remedy,” but said the misconduct left no other option.

Spencer admitted to shooting Michael Fosler, 67, in the early hours of October 8, 2024, after finding him with his 13-year-old daughter. At the time, Fosler was out on bond facing multiple charges, including sexual assault and internet stalking, and was under a court order to have no contact with the girl. According to prior statements, Spencer said he searched for his daughter when she vanished from her bedroom that night, ultimately finding her in Fosler’s truck before ramming the vehicle off the road and shooting Fosler during an altercation.

Spencer, who pleaded not guilty to murder, won the Republican primary for sheriff in February and has campaigned on fixing what he called a broken justice system. After the dismissal, he thanked supporters and asked for privacy for his family, stating, “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 … I’m grateful this chapter is closed,” according to CNN.

The missing SD card became a central issue in Spencer’s defense. His attorney, Erin Cassinelli, argued that the card contained vital evidence about what happened that night. Lonoke County Sheriff John Staley acknowledged the card disappeared while in the custody of the state’s forensics unit and said a detective responsible for the evidence had been terminated. “I believe in accountability. I can’t speak on what the judge said or his feelings. I can tell you that I agree he (the detective) didn’t do a decent job, and ultimately that falls on my shoulders as the sheriff,” Staley told CNN.

Spencer’s prosecution stirred debate across Arkansas and beyond about the limits of parental self-defense and the responsibilities of law enforcement. Petitions calling for the charges to be dropped drew hundreds of thousands of signatures. With the charges now dismissed, Spencer remains the Republican nominee for sheriff and is considered a strong contender in the November election in a county where President Donald Trump received almost 76% of the vote in 2024, according to official results.

No further criminal proceedings are expected against Spencer, clearing his path as a candidate in the upcoming sheriff’s race. The case’s resolution continues to spark discussion about justice, parental rights, and law enforcement accountability in Arkansas and beyond.

The Herd with Colin Cowherd