A murder case against Aaron Spencer in Lonoke County, Arkansas, has been dismissed after a judge found that law enforcement’s handling of potential dash camera evidence violated Spencer’s due process rights and impaired his ability to defend himself.
The order, filed June 4, 2026, in Lonoke County Circuit Court, grants Spencer’s motion to dismiss in case number 43CR 24 551. Spencer had been charged in connection with the October 2024 shooting death of Michael Fosler, who had previously been charged with dozens of sexual related offenses involving Spencer’s minor daughter.
According to the court’s order, deputies responded on October 8, 2024, after Spencer reported that his daughter was missing. The arrest affidavit cited in the order says deputies had been advised that the juvenile had previously been raped and sexually assaulted by Fosler and that Fosler was known to drive a white Ford F 150.
Spencer later told investigators he found Fosler with his daughter, pursued him, and struck Fosler’s truck, causing it to leave the roadway. Spencer said he exited his vehicle with a firearm, ordered Fosler out, saw his daughter trying to get out of the passenger side, and believed Fosler grabbed her to stop her from leaving. Spencer claimed Fosler lunged toward him before Spencer opened fire.
The dismissal did not turn on whether Spencer’s account was true. Instead, the judge focused on evidence that may have helped prove or disprove what happened in those crucial moments.
At the center of the ruling was a dash camera found in Fosler’s truck. The court found that the dash camera was removed by Detective Robbie McCain without its original position being photographed, recorded, or sketched as part of the crime scene. The court also found that the device’s SD memory card was removed and viewed by McCain on a computer before the camera was properly logged into evidence.
The order says that violated Lonoke County Sheriff’s Office evidence procedures, including rules requiring items to be photographed, documented, marked, preserved, and placed into the evidence system with chain of custody protections.
According to the court, the camera was not logged into evidence until more than a year after it was collected. The order states that McCain admitted the camera was stored in his personal office rather than the evidence room and that the SD card was removed and viewed before being logged. The court also noted testimony that the Attorney General’s office later opened the package containing the dash camera and found no SD card inside.
The judge found those issues were not minor paperwork problems. The order states that the cumulative deviations from policy, the loss or destruction of the SD card, and the failure to preserve the evidence created “the appearance of a coverup.” The court ultimately found that Spencer had proven bad faith by the State under the specific facts of the case.
The court also found that the dash camera and memory card could have been potentially useful evidence. According to the order, the footage may have shown whether Fosler had custody or control of Spencer’s daughter, whether Fosler was refusing to stop, whether Spencer was attempting to safely maneuver the truck, and what happened when Fosler exited the vehicle.
The judge noted that video evidence would have been uniquely important because it could have shown the encounter in real time, independent of human memory, perception, trauma, or bias. The order also states that Spencer could not obtain comparable evidence by other reasonable means.
In dismissing the case, the court acknowledged that dismissal is an extraordinary remedy. However, the judge found that the conduct by law enforcement was so egregious, and the missing evidence so central to Spencer’s defense, that dismissal was warranted.
“Based on the totality of the circumstances and the unique, specific, and particular facts and circumstances of this case,” the order states, “the Court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted. Therefore, this case is dismissed.”
The order was signed by Special Circuit Court Judge Ralph Wilson Jr. on June 4, 2026.
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