A judge on Thursday dismissed a second-degree murder charge against Aaron Spencer, an Arkansas sheriff candidate who was scheduled to go on trial for killing a man accused of sexually assaulting his teenage daughter. Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Spencer, citing missing evidence and misconduct by law enforcement. According to CBS News, “Spencer won the GOP nomination over a three-term incumbent sheriff whose office had arrested him on the murder charge in Lonoke County.” “The court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Wilson wrote, according to the outlet. Calling a sheriff's deputy's failure to preserve video evidence an "egregious" due process violation, a court has dismissed the criminal charges against Aaron Spencer, the Lonoke County man accused of killing the man who molested Spencer's teen daughter. https://t.co/kvG42X4srC pic.twitter.com/WUDfhF1anD — Arkansas Times (@ArkTimes) June 4, 2026 CBS News explained further: Spencer’s attorneys did not deny that he shot and killed Michael Fosler, 67, in 2024. At the time, Fosler was out on bond after being charged with dozens of sexual offenses against Spencer’s then-13-year-old daughter. Court documents show that on the night of the shooting, Spencer had woken up to find his daughter missing, and later found the girl in the passenger seat of a vehicle Fosler was driving. Spencer forced Fosler’s truck off the road and, after an altercation, called 911 to report he had shot the man. Prosecutors said Spencer planned the killing and that he could have called police while pursuing Fosler. But Spencer pleaded not guilty and maintained he acted to protect his child from a predator. Spencer said in a statement Thursday that the support from the community “carried our family.” “Neighbors here in Lonoke County, people from every part of Arkansas, and folks I’ve never met from around the world reached out, prayed for us, and refused to stay quiet,” Spencer said. “When I couldn’t speak for myself, you spoke for me. I’ll never be able to thank you the way you deserve, but I’ll spend the rest of my life trying to live up to it.” Spencer’s attorney, Erin Cassinelli, said she is thankful for the court’s decision. “No member of this family should ever again be forced to walk into a courtroom and relive this horror,” she said in a statement. “This father should have never been charged for protecting his child.” “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. I’m grateful this chapter is closed. There’s still work to do in Lonoke County, and I’m more committed to it than ever. Together we can build a safer and stronger Lonoke County,” Spencer said. “Today, the court did exactly what courts are supposed to do: protect the rights of the accused and hold our law enforcement accountable for following the same laws they are sworn to uphold. Arkansans must have full confidence that when public officials make decisions affecting our freedoms, those decisions are made with competence and integrity. When a community loses faith in the officials they entrust to make those decisions, justice loses all meaning and families suffer,” Cassinelli said. “This case is a good reminder that even when the local courts fail us, we have a larger justice system in place to protect the rights of Arkansans. I am thankful for both the Arkansas Supreme Court’s interventions in this case and for Special Circuit Judge Wilson’s thoughtful and careful consideration of the record and commitment to the rule of law,” she added. pic.twitter.com/ZB7D58C94i — Aaron Spencer (@Spencer4Sheriff) June 5, 2026 More from Arkansas Times: The dismissal was due to Lonoke County Sheriff’s deputies mishandling of evidence, which the court said was crucial to Spencer’s ability to prove that he was justified in shooting Michael Fosler in October 2024. The court said failure to preserve the evidence — a memory card from a dash camera in Fosler’s truck — violated Spencer’s right to due process and amounted to conduct “so egregious that it warrants dismissal.” This dismissal is just the latest twist in a case that has been anything but normal from the outset. The facts of Spencer’s case have drawn attention inside and outside of Arkansas. The man he allegedly killed, Fosler, was arrested in July 2024 and charged with 43 counts including sexual assault of a minor, internet stalking of a child, and possession of child pornography, some or all of which related to Fosler’s alleged assault of Spencer’s then-13-year-old daughter. Fosler was released on a $5,000 bond pending trial on those charges. Late one night in October 2024, Spencer told police, he heard his dogs barking and went to his daughter’s room to check on her. She was not there. Spencer called 911 to report her missing, then went looking for her in his truck. A short time later, he found his daughter and Fosler in Fosler’s truck, and Spencer forced the truck off the road. The affidavit in Spencer’s subsequent arrest gives this account of what happened next: Spencer then stated that he exited his vehicle with his firearm in hand and ordered Fosler out of his vehicle and to lay down in the ditch. Spencer stated that he observed his daughter trying to exit the passenger side of the vehicle, but it appeared that Fosler had grabbed her and stopped her from getting out. Spencer then stated that Fosler exited his vehicle and had something in his hand, but [Spencer] did not know what it was. Spencer stated that Fosler then lunged towards him, saying “fuck you.” Spencer stated that he then opened fire on Fosler, emptying his weapon before jumping on top of [Fosler] and pistol whipping him. Spencer then stated that he got his daughter out of the vehicle and returned to his truck where he reloaded his weapon and called 911. Fosler died at the scene. The state charged Spencer with second-degree murder in November 2024. Spencer’s case was assigned to Judge Elmore. Due perhaps to the vigilante nature of the killing, Spencer’s case quickly drew national attention, much of it sympathetic to Spencer. Elmore, however, seemed sympathetic to the prosecution, and she seemingly bent over backward to help the state put Spencer in prison. She first issued an improper gag order, prohibiting communications about the case by anyone associated with it, and — without a request from either side — ordered the entire record sealed. The Arkansas Supreme Court stepped in a short time later, rescinding the gag order, which they said “was on its face a plain, manifest, clear, and gross abuse of discretion and in excess of its authority.” Elmore then tried to limit public access to the case. She entered a new order on Jan. 13 — just 13 days before the scheduled start date for Spencer’s trial — that limited public and media access to only 20 attendees during jury selection and only 55 attendees, “inclusive of parties, counsel, counsel’s staff, family members, observers and media” for the actual trial. Again the Supreme Court had to get involved. This time, a bare four-justice majority ordered Elmore removed from the case entirely. Special judge Ralph Wilson Jr. was appointed in Elmore’s place. Oh, and just to really round out the strangeness of this whole situation: in March, Spencer won the Republican primary for Lonoke County Sheriff, beating incumbent Sheriff John Staley, whose deputies had arrested Spencer in the first place. Spencer faces Democrat Brian Mitchell, Sr., and independent candidate Larry Behnke in November. Read more below: “System Failed” – Man Charged With K*lling Accused S*x Offender He Found Inside Car With 14-Year-Old Daughter Announces He’s Running For Sheriff