Latest / Least of These / “A Justified Homicide” - The Case of Aaron Spencer - Lonoke County - CASE DISMISSED [Final Update]

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“A Justified Homicide” - The Case of Aaron Spencer - Lonoke County - CASE DISMISSED [Final Update] · Least of These

0:01
[SPEAKER_01]: Welcome to least of these where I cover the cases that need it most because every life matters and everyone deserves justice.
0:08
[SPEAKER_01]: I'm your host, Leah D. This week I'm bringing you an update on the case of Aaron Spencer, the Arkansas father who was charged with murder after he rescued his daughter from the hands of an alleged predator.
0:21
[SPEAKER_01]: I tried to think of the best way to do this for those of you who already know the story and those who don't, and here's what we're going to do.
0:28
[SPEAKER_01]: I'm going to play my previous coverage of this case and add the update at the end of the episode.
0:33
[SPEAKER_01]: So if you've never heard the episode or if you want to refresher stick around, we're about to get right into it.
0:40
[SPEAKER_01]: And if you're familiar with the story, you can check the show notes.
0:43
[SPEAKER_01]: I'll put a timestamp to where the update begins.
0:46
[SPEAKER_01]: I've said from the beginning that this case is when we should all pay very close attention to, especially if you're a parent, and I stand by that.
0:54
[SPEAKER_01]: And with that said, let's get right to it.
1:32
[SPEAKER_01]: At approximately 112 AM on Tuesday, October 8, 2024, a 911 call was placed from a residence off Highway 236 in Lono County.
1:44
[SPEAKER_01]: The caller told dispatch that their 14-year-old daughter was missing from her bedroom.
1:49
[SPEAKER_01]: Heather and Erin Spencer were at home with their daughter when they awoke in the early morning hours to every parent's worst nightmare.
1:57
[SPEAKER_01]: It started with a barking dog.
1:59
[SPEAKER_01]: The dog jolted them out of their sleep and they went to check on their teenage daughter.
2:04
[SPEAKER_01]: When they got to her room, she was gone.
2:08
[SPEAKER_01]: Frantic they searched the house in property but saw no sign of her so they called family in friends and ultimately 911.
2:17
[SPEAKER_01]: 36-year-old father Aaron Spencer hopped into his truck and set out to find his daughter.
2:24
[SPEAKER_01]: moments later as deputies were in route another call came in.
2:28
[SPEAKER_01]: This time it was Aaron.
2:30
[SPEAKER_01]: He told the dispatcher that he had located the quote, man who kidnapped his daughter.
2:36
[SPEAKER_01]: And that man was now dead on the side of the road and he had no choice.
2:41
[SPEAKER_01]: Who was the man dead on the side of the road?
2:44
[SPEAKER_01]: Well, that would be 67-year-old Michael Fausler.
2:47
[SPEAKER_01]: To get the full picture, we'll have to take it back months prior to the spring and summer of 2024.
2:54
[SPEAKER_01]: At the time, the Spencer's daughter was just 13 years old when she came into contact with Michael Fausler.
3:01
[SPEAKER_01]: According to the Spencer family, Fossler was the boyfriend of a family friend, and at some point he got access to the teenage girl's phone number.
3:11
[SPEAKER_01]: That was all it took.
3:12
[SPEAKER_01]: This young girl was in communication with Fossler, and he allegedly groomed her, and eventually sexually assaulted her.
3:20
[SPEAKER_01]: Now, when I originally told you this story, court documents had been sealed, and I couldn't tell you his official charges.
3:28
[SPEAKER_01]: On social media back then, the Spencer family said that he was facing at least six to nine charges, and O was he.
3:37
[SPEAKER_01]: Court documents have been unsealed and we'll get to all that.
3:41
[SPEAKER_01]: But first, let's dig into the charges Michael Fossler was facing when he took his alleged 14-year-old victim from the safety of her family home.
3:50
[SPEAKER_01]: Grab a snack, get a drink, cause this is gonna take a while.
3:55
[SPEAKER_01]: According to Arkansas Court Records, Michael Fossler had been arrested in July of 2024, and was facing a slew of charges to include two counts of internet stocking of a child, two counts of fourth-degree sexual assault.
4:11
[SPEAKER_01]: two counts of sexual indecency with a child, one count of computer child pornography.
4:17
[SPEAKER_01]: And if I counted correctly, 36 counts of knowingly, pandering or possessing a medium depicting sexual conduct of a child.
4:26
[SPEAKER_01]: Math is hard, but altogether Michael Fawzer was facing 43 charges.
4:31
[SPEAKER_01]: all involving the sexual abuse of children, and was now in a vehicle driving down a road after abducting one of his alleged victims from her home.
4:41
[SPEAKER_01]: And not only that, but according to the family, there was a no contact order in place between Fossler and the Spencer's teenage daughter and the Spencer family, because of course there was.
4:52
[SPEAKER_01]: Michael Fossler was a predator, allegedly of course.
4:56
[SPEAKER_01]: But I only have to say allegedly because Fossler would never have to face a judge or jury.
5:02
[SPEAKER_01]: Ultimately, those 43 charges were dismissed because, well, Michael Fossler is dead.
5:25
[SPEAKER_01]: On that October 8th night, Aaron Spencer located Michael Fossler's white Ford F-150 turning on to Highway 236 East, with his 14-year-old daughter inside.
5:36
[SPEAKER_01]: Fossler was headed in the direction of his home.
5:39
[SPEAKER_01]: According to police affidavits, Aaron Spencer turned around and chased after Fossler's truck.
5:45
[SPEAKER_01]: Flashing his lights and honking his horn to get Fossler to pull over.
5:49
[SPEAKER_01]: Obviously, Fossler didn't.
5:51
[SPEAKER_01]: So when the two vehicles made it to the intersection of Highway 236 and 13 North, Aaron Spencer rampaged truck into the back of Fosslers.
6:01
[SPEAKER_01]: This sent the F-150 into the ditch.
6:05
[SPEAKER_01]: Aaron Spencer told police that at that point he exited his vehicle with his glock-19 in hand.
6:12
[SPEAKER_01]: He ordered Fossler to get out of his truck and laid out in the ditch.
6:17
[SPEAKER_01]: At the same time, Spencer's teenage daughter tried to get out of the passenger side of the vehicle, but according to Spencer, Fossler grabbed her and stopped her from getting out.
6:28
[SPEAKER_01]: Michael Fawzler then got out of the truck with something in his hand.
6:31
[SPEAKER_01]: Aaron Spencer didn't know what Fawzler was holding.
6:36
[SPEAKER_01]: Remember, it's pitch black on the side of the road.
6:40
[SPEAKER_01]: Fawzler then lunged toward Spencer, saying, fuck you.
6:44
[SPEAKER_01]: Aaron Spencer opened fire and empty the magazine before he jumped on top of Fawzler and pistol whipped him with the now-empty
6:54
[SPEAKER_01]: Once Fossler was incapacitated, Erin Spencer got his daughter out of Fossler's vehicle.
7:00
[SPEAKER_01]: Return to his truck, reloaded his weapon and called 911.
7:05
[SPEAKER_01]: According to the police report, Spencer shot Fossler in the chest arms and abdomen.
7:11
[SPEAKER_01]: The police report doesn't state how many times Fossler had been shot, but a standard magazine for a block 19 typically holds 15 rounds.
7:21
[SPEAKER_01]: So if he empty the magazine, there's a good chance Fossler was shot more than a couple times.
7:27
[SPEAKER_01]: Unsurprisingly, Michael Fossler was pronounced dead at the scene.
7:31
[SPEAKER_01]: The glock 19 was recovered with blood still on the outside of the weapon, and Aaron Spencer was taken into custody and charged with first-degree murder.
7:42
[SPEAKER_01]: The teenage girl was physically unharmed and returned back to her family.
7:47
[SPEAKER_01]: Spencer was held on a $150,000 bond, but was able to post that bond the night after Fossler was killed.
7:56
[SPEAKER_01]: Sheriff John Staley took to social media to issue a press release regarding the shooting.
8:01
[SPEAKER_01]: The sheriff failed to mention the 43 charges Michael Fossler was facing.
8:06
[SPEAKER_01]: But he would later speak to USA today and tell the outlet that Fossler had been arrested by another agency in July of that year and booked for Internet stocking of a child and sexual assault.
8:19
[SPEAKER_01]: Sheriff Staley went on to say, this guy that prayed upon their daughter was released on bond, and had we stopped him that night and got him with her, that bond would have been revoked.
8:30
[SPEAKER_01]: He would have never got out of jail.
8:33
[SPEAKER_01]: None of the bond companies would have let him out.
8:35
[SPEAKER_01]: We wouldn't let him out.
8:38
[SPEAKER_01]: But the Sheriff's Office didn't stop Fossler from abducting a teenage girl that night.
8:44
[SPEAKER_01]: Aaron Spencer did, and had he not this story could have had a tragic ending.
8:50
[SPEAKER_01]: According to the police affidavit, Fossler was headed in the direction of his house when Aaron Spencer stopped him.
8:57
[SPEAKER_01]: Do we even want to imagine what would have happened had he managed to get her there?
9:02
[SPEAKER_01]: Alone, just a two of them.
9:06
[SPEAKER_01]: At the time, the sheriff referred to the first degree murder charges preliminary and explained that his office wasn't in charge of filing charges.
9:15
[SPEAKER_01]: That would fall on the district attorney, and the investigation was still ongoing.
9:21
[SPEAKER_01]: He stated, and I quote, When we get on scene and there's a homicide, it means one person took the life of another.
9:29
[SPEAKER_01]: It's either justified or not justified.
9:32
[SPEAKER_01]: That's what the fact finding, that's what the investigation is going to find out.
9:37
[SPEAKER_01]: I don't file charges.
9:39
[SPEAKER_01]: We're in consultation with the prosecuting attorney about what to do in this preliminary stage.
9:45
[SPEAKER_01]: All my deputies and investigators knew at that time is there's a deceased man, a 14 year old that was in the truck with him, and a dad saying, hey, I stopped him for this.
9:57
[SPEAKER_01]: But that statement isn't exactly true.
10:00
[SPEAKER_01]: That's not all investigators knew or should have known.
10:04
[SPEAKER_01]: Michael Fausler was an alleged predator, and the Spencer family already had an order of protection against him.
10:11
[SPEAKER_01]: And order he was clearly in violation of.
10:15
[SPEAKER_01]: You'd think just maybe that they'd also take that into account.
10:20
[SPEAKER_01]: I mean, it wasn't like Aaron Spencer was the only one accusing Fossler of being a pedophile.
10:26
[SPEAKER_01]: The state of Arkansas was, too, and he'd already been charged.
10:31
[SPEAKER_01]: On November 27, 2024, the charges against Aaron Spencer were preliminary no more, though they were reduced.
10:40
[SPEAKER_01]: Spencer was officially charged with second-degree murder and commission of a felony with a firearm.
10:47
[SPEAKER_01]: Attorney's Aaron Castellini and Michael Kaiser released a statement and described Aaron as a quote, decorated War Hero who protected his country, an loving father whose heroic actions
11:02
[SPEAKER_01]: and he is.
11:03
[SPEAKER_01]: Erin Spencer is a trained combat veteran, but most importantly, he's a father, a father who stopped that nothing to keep his family safe.
11:14
[SPEAKER_01]: Attorneys for Spencer went on to say that Fossler had quote repeatedly violated his child and kidnapped her and the dark of night to continue his assaults on her.
11:25
[SPEAKER_01]: and then the attorneys addressed Aaron's prosecution itself, stating that prosecutors were quote perpetuating these wars instead of protecting legitimate victims and punishing true criminal offenders.
11:39
[SPEAKER_01]: If the community was outraged after Aaron Spencer's arrest, they were even more outraged after those official charges were filed.
11:48
[SPEAKER_01]: And by community, I mean anyone who knew even the basic
11:54
[SPEAKER_01]: The story had already spread like wildfire, complete strangers from around the world were donating to Aaron's defense fund, and demanding that the charges be dropped.
12:05
[SPEAKER_01]: And now, it was actually happening.
12:09
[SPEAKER_01]: Erin was being charged.
12:11
[SPEAKER_01]: If people were outraged before, that only amplified with the news of the official charges.
12:17
[SPEAKER_01]: And people weren't quiet about it.
12:19
[SPEAKER_01]: Social media was flooded with support for Erin Spencer.
12:24
[SPEAKER_01]: That was in late November of 2024, and by early December, prosecutor Chuck Graham filed a motion to silence the Spencer family, his attorneys, and everyone else from saying anything about the case to anyone.
12:40
[SPEAKER_01]: Chuck Graham petitioned the court for a gag order.
12:44
[SPEAKER_01]: And while we're here, I'd like to point out that the Arkansas leader reported that this was the first time prosecutor Chuck Graham at Asfor a gag order in 15 years.
12:56
[SPEAKER_01]: Now, I wonder why prosecutors would ask the judge for a gag order?
13:00
[SPEAKER_01]: Could it be to stifle the public outcry?
13:03
[SPEAKER_01]: Maybe to cover up an unjust
13:11
[SPEAKER_01]: I mean, I'm just brainstorming here.
13:14
[SPEAKER_01]: You'll have to decide that one for yourself.
13:17
[SPEAKER_01]: The prosecutor claimed the gag order was needed to preserve the integrity of the jury pool, and ensure the right of a fair trial for both the state and the defendant.
13:28
[SPEAKER_01]: They couldn't have Spencer's attorneys out there telling the media and the general public that Erin Spencer was a heroic father, or making the claim that they felt confident the community would side with Spencer, because every one of them would have done the same thing for their own child.
13:45
[SPEAKER_01]: You know, they couldn't have the defense attorneys out there stating the facts because that could take the jury pool.
13:53
[SPEAKER_01]: The motion was heard by 23rd Circuit Division Judge Barbara Elmore, who oddly enough, according to Arkansas Court Records, had been the judge overseeing the case against Michael Fossler, and the one who had released him on a $50,000 bail.
14:09
[SPEAKER_01]: after he was accused of raping a child, and the reason he was even free to kidnap his alleged victim that night.
14:17
[SPEAKER_01]: And now Judge Elmore would be deciding whether or not a gag order should be placed in Aaron's case.
14:23
[SPEAKER_01]: Spencer's attorneys filed a 19-page response to the prosecutor's motion on December 9, arguing that granting the gag order would violate his due process rights to a fair and public
14:39
[SPEAKER_01]: as well as his first amendment right to free speech.
14:43
[SPEAKER_01]: That one comes first for a reason.
14:45
[SPEAKER_01]: It's pretty dang important.
14:48
[SPEAKER_01]: Anyhow, that 19-page response was submitted, and the Arkansas Times reported that in less than 30 minutes, Judge Elmore made her ruling.
14:58
[SPEAKER_01]: She granted the prosecutor's motion and entered the gag order.
15:02
[SPEAKER_01]: And just for fun, I guess, Judge Elmore took it a step further and sealed the entire case file.
15:09
[SPEAKER_01]: down to Michael Fossler's death certificate, all this despite the fact that neither the prosecution nor the defense requested the ceiling of those documents.
15:20
[SPEAKER_01]: But Aaron Spencer wasn't going down like that.
15:24
[SPEAKER_01]: Through his attorney, he appealed the order and took it all the way to the Arkansas Supreme Court, claiming again that this was a violation of his first fourth and six amendment rights.
15:36
[SPEAKER_01]: The petition read in part, this gag order is not about ensuring a fair trial or protecting the integrity of the jury pool.
15:44
[SPEAKER_01]: There are mechanisms far less restrictive than an essentially blanket prohibition on speech that would operate to do just that.
15:52
[SPEAKER_01]: Instead, this gag order shields public officials, including the prosecuting attorney, low-note county sheriff's office in the circuit court from public scrutiny.
16:02
[SPEAKER_01]: It serves to prevent public knowledge and discussion of the conduct of local public officials who fail to protect the community, by failing to adequately investigate and present Fossler's risk and releasing Fossler without any meaningful or necessary restrictions or oversight or even a public record of the process.
16:23
[SPEAKER_01]: and March of 2025, the High Court stayed the case pending their decision.
16:29
[SPEAKER_01]: And on May 29, the Arkansas Supreme Court not only struck on the gag order, the justices ripped at the shreds.
16:37
[SPEAKER_01]: If you have time today, it's well worth a read, the whole thing and its entirety.
16:43
[SPEAKER_01]: It's a fantastic legal document.
16:46
[SPEAKER_01]: out just go over one of the highlights, really quickly.
16:51
[SPEAKER_01]: Associate Justice Brownie had particularly strong words, writing.
16:56
[SPEAKER_01]: Public officials aren't immune from public criticism.
17:00
[SPEAKER_01]: Judges and prosecutors included.
17:02
[SPEAKER_01]: Because the Circuit Court's gag order violates that principle,
17:06
[SPEAKER_01]: I join the majority's opinion granting the written and vacating that order.
17:11
[SPEAKER_01]: But that sweeping order is only one part of a troubling pattern of attempts to shield this case from public view, beginning with a non-public arrangement.
17:22
[SPEAKER_01]: An ending with a handwritten note, sealing the entire case from public view.
17:27
[SPEAKER_01]: We cannot allow that pattern to continue uncheck.
17:31
[SPEAKER_01]: So I'd invoke this court's super-intending authority and reassign this matter to a new circuit court judge.
17:38
[SPEAKER_01]: Anything less suggests that what's happened so far is within the acceptable range of disagreement or administration, and it isn't.
17:48
[SPEAKER_01]: Begin with the gag order itself.
17:50
[SPEAKER_01]: On its face, that order targets a broad swath of people.
17:54
[SPEAKER_01]: Barring them from expressing an opinion or making a comment about whether the evidence tends to establish the guilt or innocence of the defendant.
18:03
[SPEAKER_01]: worse, the order itself was sealed.
18:05
[SPEAKER_01]: Raising serious concerns about selective enforcement, and it doesn't explain why such an extreme remedy was warranted.
18:13
[SPEAKER_01]: Instead, just declaring that it would quote, help ensure all parties get a fair trial.
18:19
[SPEAKER_01]: Nor did the circuit court explain why it extended the gag order beyond what even the state thought was appropriate.
18:26
[SPEAKER_01]: broadening it to cover the defendant's family, and even more significantly, sealing the entire case.
18:34
[SPEAKER_01]: On the contrary, the circuit court entered that order, just six minutes after the clerk docked at the defendant's 19-page opposition to the state's motion, or barely enough time to make a pot of coffee.
18:47
[SPEAKER_01]: This approach cannot be squared with the first amendment, and it underscores that the gag order wasn't a last resort, but in unconstitutional impulse.
18:58
[SPEAKER_01]: Contact suggests why.
19:00
[SPEAKER_01]: The same circuit court that issued the gag order here, also granted Michael Fossler's release on bail.
19:06
[SPEAKER_01]: It's that decision which the defendant's lawyers called a decision to release a predator who repeatedly violated the defendant's child on a low bond.
19:16
[SPEAKER_01]: That's set off a chain of events that led to the fatal confrontation.
19:20
[SPEAKER_01]: That's the subject of this case.
19:23
[SPEAKER_01]: and its that criticism that the state claimed and the circuit court effectively concluded, justified gagging the defendant, his lawyers, and others.
19:33
[SPEAKER_01]: This sequence raises serious concerns.
19:36
[SPEAKER_01]: Indeed, if openness enhances the appearance of fairness, so essential to the public competence in
19:49
[SPEAKER_01]: And if you thought Justice Brownie was done, he wasn't.
19:53
[SPEAKER_01]: He continued.
19:54
[SPEAKER_01]: The effort to shield these proceedings from public view also didn't begin with the gag order.
20:00
[SPEAKER_01]: It started with a circuit court's decision to arrange the defendant away from public view.
20:05
[SPEAKER_01]: and even setting aside the potential constitutional concerns raised by a non-public arrangement.
20:12
[SPEAKER_01]: That decision highlights the order on review here isn't an isolated problem.
20:17
[SPEAKER_01]: Rather, it suggests a star chamber like atmosphere.
20:21
[SPEAKER_01]: We cannot allow that to continue.
20:24
[SPEAKER_01]: Ultimately, judges and prosecutors enjoy no greater immunity from criticism than other persons
20:33
[SPEAKER_01]: public vigilance serves us well, for the knowledge that every criminal trial is subject to contemporaneous review in the form of public opinion is an effective restraint on possible abuse of judicial power.
20:46
[SPEAKER_01]: Instead, justice should not only be done, but should manifestly and undoubtedly be seen to be done.
20:54
[SPEAKER_01]: So I joined the majority's decision granting the RIT and vacating the gag order, but I would go a step further.
21:01
[SPEAKER_01]: The repeated attempts to veil these proceedings in secrecy can only breed ignorance and distrust of the courts and suspicion concerning the competence and impartiality of the entire criminal justice system.
21:16
[SPEAKER_01]: Remitting that danger weren't strong medicine and I'd
21:22
[SPEAKER_01]: If that ain't a mic drop moment, I really don't know what is.
21:27
[SPEAKER_01]: And with that, the gag order was lifted.
21:43
[SPEAKER_01]: After the gag order was lifted on May 29, 2025, the public learned for the very first time, many of the details we went over, about what happened on the side of the road, the night fosler was killed.
21:57
[SPEAKER_01]: The details about how many charges were pending against fosler.
22:01
[SPEAKER_01]: and how he allegedly prevented the child from exiting the vehicle, and ultimately lunged at air in.
22:07
[SPEAKER_01]: With those details, the world at large was even more convinced that Erin Spencer had acted in defense of himself and his daughter that night, and should have never been charged with a crime.
22:19
[SPEAKER_01]: And that's where the case stands today.
22:21
[SPEAKER_01]: A pretrial hearing is scheduled for August 8th, and a five-day trial is set to begin on September 22nd of this year.
22:31
[SPEAKER_01]: I don't think I can stress enough just how important it is that we pay close attention to this case.
22:38
[SPEAKER_01]: You all know why try to save my opinions for the hot take, but this isn't a case where I can do that.
22:44
[SPEAKER_01]: If you ask me, Erin Spencer has committed no crime, and he deserves to be home with his family, and not just out on bail, he deserves to be free.
22:56
[SPEAKER_01]: what has happened and is currently happening to the Spencer family is an injustice in every sense of the word.
23:03
[SPEAKER_01]: And further than that, this case could have ramifications far beyond the Spencer family.
23:09
[SPEAKER_01]: This case all boils down to self-defense and perhaps most importantly, a parents
23:17
[SPEAKER_01]: If Aaron Spencer is convicted, which let's just be honest, I really don't see a jury in victing him.
23:24
[SPEAKER_01]: But if they did, then we have lost the right to protect ourselves in our children.
23:30
[SPEAKER_01]: One could argue that the fact that he has even been charged indicates that our rights are being stripped away.
23:37
[SPEAKER_01]: the Spencer's went through all the legal routes, they filed charges, they went to the police, they had an order of protection, Fossler was facing over 40 charges.
23:49
[SPEAKER_01]: He was released on a $50,000 bail, and then he targeted their child again.
23:57
[SPEAKER_01]: Erin Spencer didn't go out and find this guy and exact any kind of vigilante justice, though who could blame him if he did.
24:04
[SPEAKER_01]: But he didn't.
24:06
[SPEAKER_01]: He followed the law.
24:07
[SPEAKER_01]: He did what he was supposed to do.
24:09
[SPEAKER_01]: Check all the boxes.
24:11
[SPEAKER_01]: And Michael Fossler walked through that protection order and abducted his daughter from her home in the middle of the night.
24:20
[SPEAKER_01]: The Spencer family believed her life was on the line, and they weren't wrong in thinking that.
24:26
[SPEAKER_01]: Fossilor was a predator.
24:28
[SPEAKER_01]: I mean, I don't think there's any way around that.
24:31
[SPEAKER_01]: I should probably say alleged or whatever.
24:34
[SPEAKER_01]: But the man was charged with 42 counts of sexual abuse of a child.
24:39
[SPEAKER_01]: Almost 10 of those charges stemmed from the abuse he inflicted on the child he abducted that night.
24:49
[SPEAKER_01]: Should he have waited on police to maybe get there in time to save his child?
24:54
[SPEAKER_01]: Or should he have done everything in his power to save his little girl?
24:58
[SPEAKER_01]: What would you do?
25:01
[SPEAKER_01]: Is waiting for the police while your child's life is at stake a risk you would be willing to take?
25:08
[SPEAKER_01]: No, the answer is no.
25:11
[SPEAKER_01]: A parent should never have to decide between the life of their child and their freedom.
25:17
[SPEAKER_01]: And here in the United States of America, we have the Constitution and laws on the books to protect that right, you know the one to life and liberty, even in the great state of Arkansas, in fact in 2021.
25:33
[SPEAKER_01]: Arkansas actually bolstered their self-defense laws and enacted their version of a standard ground law.
25:39
[SPEAKER_01]: AR Code 5-2-607 Use of deadly physical force and defensive a person.
25:46
[SPEAKER_01]: It states in part.
25:47
[SPEAKER_01]: A person is justified in using deadly physical force upon another person.
25:53
[SPEAKER_01]: If the person reasonably believes that the other person is
26:02
[SPEAKER_01]: two, using or about to use unlawful, deadly physical force, or three, eminently endangering the person's life or eminently about to victimize the person from the continuation of a pattern of domestic abuse.
26:18
[SPEAKER_01]: In case the state of Arkansas needs a reminder, kidnapping is definitely a felony, a violent one, and there's no question that Fawzler kidnapped a child that night.
26:29
[SPEAKER_01]: Raving a child is also a violent felony, or murdering a witness to prevent them from testifying against you.
26:36
[SPEAKER_01]: Another violent felony.
26:39
[SPEAKER_01]: Fosler is dead, so there's no way to know for sure exactly what his intentions were when he took a child from the safety of her home.
26:47
[SPEAKER_01]: But we have to ask ourselves a question, is there any possibility that those intentions weren't fullonious or violent?
26:55
[SPEAKER_01]: And that right there is an easy question to answer.
26:59
[SPEAKER_01]: There was no legitimate reason Michael Fossler had to go anywhere near the Spencer's, their residents, and especially their daughter.
27:08
[SPEAKER_01]: Once Fossler made the decision to take a child from her home, it came down to her life or his, and Aaron Spencer made the right choice.
27:17
[SPEAKER_01]: Had he not taken the actions he did that night, I could be here telling you a whole different story, a horrific one.
27:25
[SPEAKER_01]: And if I was, we'd all be questioning why Aaron hadn't hopped in his truck and saved his child.
27:32
[SPEAKER_01]: But we don't have to do that.
27:34
[SPEAKER_01]: This story has the best ending possible, and only because Aaron did everything in his power to save his little girl.
27:42
[SPEAKER_01]: Aaron Spencer shouldn't be punished for being extremely effective at saving the life of his own child and protecting countless others in the process.
27:51
[SPEAKER_01]: I'll tell you one thing, nobody has to worry about Michael Fossler reoffending.
27:56
[SPEAKER_01]: Now do they.
27:58
[SPEAKER_01]: We can all sleep a little sounder at night knowing there's one less pedophile out there.
28:03
[SPEAKER_01]: Aaron Spencer is not a criminal, quite the opposite.
28:07
[SPEAKER_01]: Aaron Spencer
28:12
[SPEAKER_01]: Before we go today, I want to leave you with the words of Erin's wife Heather, posted on Facebook on June 14th after the gag order was lifted, and she was finally able to give insight into exactly what her family has been put through.
28:27
[SPEAKER_01]: Her words are important, heartbreaking, and powerful all at the same time.
28:33
[SPEAKER_01]: Heather wrote, it has been a hard eight months, silently fighting battles we were unprepared for, and those early days we had a very limited understanding of the magnitude of what we were facing.
28:46
[SPEAKER_01]: What happened to our child starting in the spring of 2024 when she was just 13 was horrifying
28:55
[SPEAKER_01]: She is a quiet homeschooled child who at the time spent more days than not helping care for her dying grandpa.
29:03
[SPEAKER_01]: It was hard work and when presented with the opportunity to spend some time in a safe place.
29:09
[SPEAKER_01]: I allowed her to take a much-needed break on days when we weren't busy to be with friends that were family.
29:16
[SPEAKER_01]: Deep in my soul, they were family and I trusted she was safe.
29:21
[SPEAKER_01]: She wasn't.
29:22
[SPEAKER_01]: It took very little exposure for an unknown man who was old enough to be my father to start pursuing my child.
29:31
[SPEAKER_01]: This monster was an opportunist and started grooming my then 13-year-old via text.
29:37
[SPEAKER_01]: In July of 2024, we were informed by a family member that our now 14-year-old child had confided that she had been right.
29:47
[SPEAKER_01]: Immediately, we asked our child what happened, and she explained that this man, who was a stranger to us, had assaulted her multiple times.
29:57
[SPEAKER_01]: We let the law run its course, and we were promised along the way that this is in 20 years ago.
30:04
[SPEAKER_01]: They take these things seriously now.
30:07
[SPEAKER_01]: We trusted this man would be served justice under the law.
30:11
[SPEAKER_01]: While we were happy that he was quickly arrested, we were not privy to the fact that he was
30:21
[SPEAKER_01]: Even though we anticipated his release, we thought the pending felony charges and a no contact order would be enough to keep him away from our child.
30:31
[SPEAKER_01]: We were wrong.
30:33
[SPEAKER_01]: We put our daughter into therapy and tried our best to manage her trauma, while still caring for my dying father.
30:40
[SPEAKER_01]: We were awakened by our daughter's dog and the middle of the night on October 8.
30:45
[SPEAKER_01]: My first thought was that our child was sick.
30:48
[SPEAKER_01]: I woke my husband up and asked him to check on her.
30:52
[SPEAKER_01]: What happened next is burned into my very being.
30:56
[SPEAKER_01]: He called out from her room that she was missing.
30:59
[SPEAKER_01]: Immediately, all of the lights in the house were on.
31:03
[SPEAKER_01]: We were calling for her inside the house then outside.
31:07
[SPEAKER_01]: I called our son and our niece, the only people who may have known where she may have gone, neither did so I called 911 immediately, as my husband left to go looking for her, with no direction in mind, only a prayer of finding her.
31:22
[SPEAKER_01]: My sister-in-law then sent us a picture of a cash app payment for Door Dash from the predator to our daughter and niece, a day or two prior.
31:32
[SPEAKER_01]: In that moment, we realized that she may have been taken, but it's the middle of the night, and everything is happening in seconds, and every second counts.
31:43
[SPEAKER_01]: I tell 911 that this man may be involved, and as I'm speaking, I'm realizing that if he does have her, I'll probably never
31:59
[SPEAKER_01]: My little girl, gone.
32:01
[SPEAKER_01]: All I could do was pray.
32:03
[SPEAKER_01]: I hung up with the 911 operator and called my mother.
32:07
[SPEAKER_01]: I screamed in horror while she prayed Hail Mary's.
32:11
[SPEAKER_01]: God please save my baby.
32:13
[SPEAKER_01]: My own screams will forever haunt my memory.
32:17
[SPEAKER_01]: By God's grace alone, my husband spotted the predator and our child and turned to follow them.
32:23
[SPEAKER_01]: Then the Predator ran with our child.
32:27
[SPEAKER_01]: Thanks to my husband's quick and courageous actions, our child was saved that night.
32:32
[SPEAKER_01]: I have no doubt that if it weren't for God and my husband's quick courageous actions that night, I would have never seen my child again.
32:40
[SPEAKER_01]: The relief of my child being alive was quickly followed by terror.
32:44
[SPEAKER_01]: As a prosecutor set preliminary charges at murder one, with a $150,000 bond.
32:51
[SPEAKER_01]: Going through yet another assault exam with my child at the hospital, while trying to find a lawyer for my husband was a nightmare.
33:00
[SPEAKER_01]: Navigating criminal charges while also being fully traumatized by the events of that night was difficult.
33:07
[SPEAKER_01]: It quickly made its way through social media, and with the support of our community, we attain the very best lawyers, and Erin was released on bond.
33:17
[SPEAKER_01]: At Arainment, they decided to charge by husband with murder 2 with a gun enhancement charge.
33:22
[SPEAKER_01]: Then immediately, the same judge who released this monster into the community to continue his reign of terror on our child, placed us and seemingly the whole world under an unconstitutional gag order.
33:36
[SPEAKER_01]: We were no longer able to share our story, and we were forced to suffer the injustice of it all in silence.
33:43
[SPEAKER_01]: By some other miracle our case was heard by the Arkansas Supreme Court and the gag order was lifted.
33:50
[SPEAKER_01]: We are now free to share our story again.
33:53
[SPEAKER_01]: My husband didn't ask to be put in a position to save our child.
33:57
[SPEAKER_01]: We didn't ask for any of this.
34:00
[SPEAKER_01]: an evil man with a long history of predatory behavior targeted our child and was not scared of the consequences.
34:08
[SPEAKER_01]: My husband was forced to save his child from someone who should have never been on the streets to begin with.
34:15
[SPEAKER_01]: Please continue to pray for our family and share our story.
34:19
[SPEAKER_01]: If this can happen to us in rural Arkansas, it can happen anywhere.
34:43
[SPEAKER_01]: After the gag order was lifted in May of 2025, the world was now watching and officials in low-note county knew it.
34:51
[SPEAKER_01]: Judge Barbara Elmore entered another order limiting the number of people who could attend court proceedings and basically shut the media out completely.
34:59
[SPEAKER_01]: No cameras or recordings were going to be allowed during the upcoming trial proceedings.
35:04
[SPEAKER_01]: At the same time, there were whispers of a botched police investigation and missing evidence.
35:10
[SPEAKER_01]: And in the middle of all this, Aaron Spencer announced that he was running for Sheriff of Lono County.
35:16
[SPEAKER_01]: It was a wild time.
35:18
[SPEAKER_01]: In response to Judge Elmore's ruling, Aaron Spencer's attorneys vowed a petition for a writ of surgery, essentially asking the Arkansas Supreme Court to review the lower courts ruling.
35:30
[SPEAKER_01]: And they requested that review be done expeditiously.
35:33
[SPEAKER_01]: The defense argued that this order improperly limited public access to the proceedings, because it did.
35:39
[SPEAKER_01]: I mean, I think that's pretty clear.
35:41
[SPEAKER_01]: And again, the case was back in front of the Arkansas Supreme Court.
35:45
[SPEAKER_01]: That emergency petition was filed on January 17, 2006.
35:51
[SPEAKER_01]: On January 23rd, and a ruling that shocked everyone, the Arkansas Supreme Court granted Aaron Spencer's petition, vacated Judge Elmer's ruling on courtroom access, and then went several steps further.
36:04
[SPEAKER_01]: Judge Barbara Elmore was removed from the case by the Arkansas Supreme Court, and the murder trial came to a grinding halt.
36:12
[SPEAKER_01]: The removal of a sitting trial judge by the state's highest court is pretty rare.
36:17
[SPEAKER_01]: Clearly, there was something shady going on, and my opinion allegedly, of course.
36:22
[SPEAKER_01]: But the Arkansas Supreme Court stopped all that.
36:25
[SPEAKER_01]: A special judge was appointed, retired judge Ralph Wilson Jr.
36:30
[SPEAKER_01]: While it might sound a little strange that a retired judge would be appointed because it sure did to me at first, it's actually kind of common and makes a whole lot of sense.
36:39
[SPEAKER_01]: A retired judge often called a senior or visiting judge has experienced a handle technical or complex matters or an expertise on a certain kind of case.
36:48
[SPEAKER_01]: There's that and also the simple fact that they have the time.
36:52
[SPEAKER_01]: Of course, an active judge oversees multiple cases, but a retired one is overseeing just the one that they're specifically appointed for in most cases.
37:01
[SPEAKER_01]: And that leaves them all the time in the world to meticulously go through the record.
37:06
[SPEAKER_01]: There are other reasons, of course, but those are a few of the main ones.
37:18
[SPEAKER_01]: Fast forward to the spring.
37:20
[SPEAKER_01]: Judge Wilson abandoned the previously scheduled trial dates and reset everything.
37:25
[SPEAKER_01]: Basically, he wiped the slate clean and started all over.
37:29
[SPEAKER_01]: The murder trial was now set to begin on June 22, 2,026.
37:35
[SPEAKER_01]: and the meantime in February of 26, Erin Spencer won the Republican primary for low-note county sheriff, defeating incumbent sheriff John Staley, the sheriff at the time of his arrest and prosecution, and it wasn't even close.
37:51
[SPEAKER_01]: Erin Spencer got roughly 54 percent of the vote, while longtime sheriff Staley got about 27 percent.
37:59
[SPEAKER_01]: After the election, Erin Spencer said in a statement on Facebook, I'm running to restore accountability and integrity to the sheriff's office, and the people of this county just showed they want the same thing, let's finish the job and build a safer, stronger, low-note county together.
38:14
[SPEAKER_01]: And soon it would become very clear if it wasn't already that if the people of low-note wanted integrity, they definitely need a new sheriff.
38:24
[SPEAKER_01]: The general election is in November, and if I had to make a prediction, I'd say there's a really great chance air and Spencer is going to be the next sheriff of low note.
38:33
[SPEAKER_01]: In pre-trail hearings through the spring, Judge Wilson heard arguments regarding proposed defense experts, testimony relating to grooming behavior, and character and reputation evidence concerning Michael Fossler.
38:45
[SPEAKER_01]: But the biggest issue was a missing dashboard camera memory card recovered from Michael Fossler's truck.
38:51
[SPEAKER_01]: As it turned out, the entire altercation was likely captured on Michael Fossler's dashboard cam mounted in his truck.
38:57
[SPEAKER_01]: But that footage had either been lost or destroyed by law enforcement.
39:02
[SPEAKER_01]: According to court records at the scene, low-note county deputy Robbie McCain failed to take photographs or properly document the location and position of the dash cam in the truck before he removed it, which was a clear violation of the Sheriff's Office policies.
39:18
[SPEAKER_01]: Not only did he not properly document the camera, he removed it and also removed the memory card inside the camera, then placed it inside his own laptop to view, again a violation.
39:29
[SPEAKER_01]: And the violations, well they just kept coming.
39:32
[SPEAKER_01]: The deputy never photographed the memory card, recorded anywhere that he had recovered or viewed it, and certainly didn't mark it as a separate piece of evidence.
39:41
[SPEAKER_01]: Hell, he didn't even log the dash camera as evidence in the case, until wait for it?
39:46
[SPEAKER_01]: A year after Aaron Spencer's arrest, it appears the camera sat in a drawer somewhere in the Sheriff's Office.
39:54
[SPEAKER_01]: Now, why do you think that is?
39:56
[SPEAKER_01]: I mean, I can think of a few reasons, but it only gets worse from here, because after waiting an entire year to document evidence that would show the entire altercation, somehow, at some point between the deputy removing the card from the camera and the camera being received by the Arkansas General Attorney's Digital Forensic Unit where it should have been sent immediately.
40:17
[SPEAKER_01]: after proper documentation, of course.
40:20
[SPEAKER_01]: Anyhow, sometime between removing the card and sending the camera, the memory card, it was lost, it had never been recovered, and no copy had ever been made.
40:30
[SPEAKER_01]: Now that camera didn't contain footage from the altercation, if there was footage, it was on that memory card, the one that had now somehow vanished.
40:40
[SPEAKER_01]: Aaron Spencer's attorneys argued that this was
40:47
[SPEAKER_01]: but prosecutors denied there'd been any wrongdoing and they certainly weren't trying to hide evidence.
40:54
[SPEAKER_01]: Deputy McCain testified that when he had reviewed the memory card, all alone on his laptop, well he just didn't see anything on there that would have been helpful to Aaron Spencer.
41:04
[SPEAKER_01]: Yeah, sure buddy.
41:07
[SPEAKER_01]: with so many policy violations on one piece of now missing evidence and judge Elmore's bullshit rulings to keep the family under a gag order and the media out of the courtroom to many people myself included.
41:19
[SPEAKER_01]: It was looking a whole lot more like there was a cover up underway.
41:24
[SPEAKER_01]: And for what?
41:25
[SPEAKER_01]: Again, was it to protect a predator?
41:28
[SPEAKER_01]: Or was it to keep wraps on a case that was botched from the beginning, starting with Judge Elmore letting Michael Fossler walk out on a low bond, pending over 40 charges against a minor, two kidnapped that minor?
41:41
[SPEAKER_01]: I'm no conspiracy theorist, but at the shoefits, well you know what they say.
41:45
[SPEAKER_01]: And it seems Judge Wilson agreed, because he completely dismissed the case against air and Spencer with prejudice, meaning the state can never prosecute air and Spencer for the death of Michael Fossler.
41:57
[SPEAKER_01]: We don't often get good news on this podcast and rarely do we get great news, so let's just take a minute to appreciate it.
42:06
[SPEAKER_01]: Judge Wilson went on to excoriate the actions taken by law enforcement and prosecutors.
42:12
[SPEAKER_01]: The judge himself stated in his ruling dismissing the charges that actions taken by law enforcement gave, quote, the appearance of a cover-up, and also that the state had acted on bad faith.
42:23
[SPEAKER_01]: Judge Wilson said in part, it could be logically argued that failing to follow standard operating procedures is evidence of bad faith when combined with other factors as here.
42:34
[SPEAKER_01]: Defendant has cited cases from other jurisdictions that define bad faith, regarding loss or destruction of evidence as evidencing bad faith.
42:42
[SPEAKER_01]: Number one, efforts to conceal the existence of exculpatory information, its contents or its destruction.
42:49
[SPEAKER_01]: Number two, failing to adhere to rules and professional obligations.
42:54
[SPEAKER_01]: Number three, deliberately omitting mention of evidence or omitting information from reports, and four, failure to submit an item of evidence denying its existence, failing to timely alert others to destruction of evidence or misleading as to the circumstances.
43:10
[SPEAKER_01]: These definitions while not precedent are influential, helpful, and persuasive.
43:16
[SPEAKER_01]: The court therefore finds that defendant has proven bad faith on the part of the state
43:26
[SPEAKER_01]: He continued on, the loss or destruction of the internal SD memory card of the dash camera has adversely impaired the defendant's ability to defend himself, pursuant to these defenses, and thus, his right to a fair trial.
43:40
[SPEAKER_01]: And finally adding that a dismissal is an extraordinary and extreme remedy in any criminal case.
43:45
[SPEAKER_01]: However, based on the totality of the circumstances and the unique specific and particular facts and circumstances of this case, the court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted.
44:00
[SPEAKER_01]: And with that, it was over.
44:03
[SPEAKER_01]: Aaron learned the charges had been dismissed on a Zoom call with his defense team.
44:07
[SPEAKER_01]: As you can imagine, it was an emotional moment for everyone involved.
44:11
[SPEAKER_01]: The absolute nightmare Aaron Spencer and his family had been trapped in for two years was finally over.
44:18
[SPEAKER_01]: After the order, Aaron Spencer, along with his attorney, Aaron Castellini, sat down with the Arkansas Democrat Gazette.
44:26
[SPEAKER_01]: He told the outlet that his faith in the
44:31
[SPEAKER_00]: There was a good portion of this that really made me start to lose faith in the justice system.
44:39
[SPEAKER_00]: I think a lot of people in our county and everybody who tuned in from around the nation started to lose a lot of faith in how our justice system works.
44:51
[SPEAKER_00]: But we've had some amazing triumphs through the spring court, whether it's the gag order,
45:00
[SPEAKER_00]: Judge Barbara Elmore from the bench, the appointment of Judge Wilson to the case, all those things started to remind me that we do have a justice system that can be just.
45:19
[SPEAKER_01]: That full interview is available online at the Arkansas Democrat Gazette, and I'll be sure to drop a link to it down in the show notes.
45:27
[SPEAKER_01]: Aaron Spencer and his family could now begin the healing process.
45:31
[SPEAKER_01]: From the time he had been arrested, Michael Fossler had been painted by law enforcement and prosecutors as some sort of victim when nothing was further from the truth.
45:41
[SPEAKER_01]: There was only one victim in this case, and that was Aaron's daughter, an unjust prosecution almost made it too, but in the end, justice prevailed, and I am so glad it did, and that my friends is all of got for this week, be sure to join me next Thursday for an all-new episode.
46:00
[SPEAKER_01]: In the meantime, you can find me on Instagram at least underscore of these, or my Facebook at least of these podcast.
46:07
[SPEAKER_01]: And if you're sick of add interruptions, I've got good news for you.
46:11
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46:16
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46:23
[SPEAKER_01]: Head on over to patreon.com slash least of these to support the show today.
46:28
[SPEAKER_01]: Thank you for listening.
46:29
[SPEAKER_01]: Thank you for caring.
46:31
[SPEAKER_01]: If you know something, say something.
46:32
[SPEAKER_01]: And until next time, be good to each other.
47:11
[SPEAKER_01]: Man it really isn't often that I get to bring y'all great news and I just gotta say it feels good.
47:17
[SPEAKER_01]: It does But the reality is Aaron Spencer should have never been put in that position in the first place.
47:23
[SPEAKER_01]: I've said it before and I'll say it again He should have never been charged with a crime.
47:27
[SPEAKER_01]: He protected his daughter and in this country he has that right
47:32
[SPEAKER_01]: I'll never be convinced that this wasn't some type of cover up.
47:35
[SPEAKER_01]: I mean, they tried to cover it all up.
47:37
[SPEAKER_01]: Thankfully, the media picked up this story.
47:39
[SPEAKER_01]: I got to say I was worried in the beginning when I first covered this case, because there weren't too many people covering it.
47:46
[SPEAKER_01]: That has since changed and thanked the good Lord that it did.
47:49
[SPEAKER_01]: If this had continued on without a spotlight directly on it, there's no telling what would have happened.
47:55
[SPEAKER_01]: Aaron's attorneys were incredible, the community was incredible, and all of y'all following and sharing the story, there's no doubt that made a huge difference.
48:04
[SPEAKER_01]: I think Aaron Spencer is going to be the next sheriff of low note, and he will make incredible changes.
48:10
[SPEAKER_01]: The man won the primary while facing a murder charge.
48:14
[SPEAKER_01]: That doesn't happen.
48:15
[SPEAKER_01]: His story isn't even close to over.
48:18
[SPEAKER_01]: My prayers that his family can finally focus on healing without any fear of prosecution.
48:24
[SPEAKER_01]: And that's about all I got to say about that.
48:27
[SPEAKER_01]: Y'all know I love you more in my luggage and I can't wait to talk to you next week.
48:30
[SPEAKER_01]: But until then, bye-bye-bye.