Arkansas
Arkansas dad accused of killing man he found with daughter, 14, could use ‘heat of passion’ defense: attorney
Defense lawyers for an Arkansas father accused of fatally shooting his 14-year-old daughter’s suspected stalker will likely get charges against him reduced, according to an expert.
Aaron Spencer, 36, reported his daughter missing last Tuesday, and Lonoke County Sheriff’s Office deputies were dispatched to his home. But on their way they learned that Spencer had found his daughter in 67-year-old Michael Fosler’s car and that the father had shot the other man dead in the ensuing confrontation.
Spencer was arrested on a preliminary charge of first-degree murder, a Class Y felony, and booked into Lonoke County Detention Center. He was released the next day after posting bond.
Spencer’s wife, Heather, wrote on Facebook that Fosler had a “no contact” order with her daughter for stalking and raping the 14-year-old over the summer and that she and her husband feared Fosler might kill her. Before the confrontation on Tuesday, she said, she and her husband were unaware that Fosler was again in contact with the minor.
ARKANSAS FATHER ARRESTED AFTER ALLEGEDLY KILLING MAN HE FOUND WITH HIS MISSING 14-YEAR-OLD DAUGHTER
Aaron Spencer is accused of killing a man suspected of preying on his daughter. (Lonoke County Detention Center)
“We absolutely called 911 during the entire event,” she wrote. “We had no idea this man was in contact with our child again. He was waiting 6-9 felonies for what he did, not 2. He was looking at the rest of his pathetic life in jail, and our daughter was the only witness.”
Spencer’s wife could not be reached for comment.
Lonoke County Sheriff John Staley told USA Today that Fosler was arrested by another agency in July on charges of stalking a child and sexual assault and that Fosler was released after posting $50,000 bond.
The sheriff said his department is investigating the shooting.
“When we get on scene and there’s a homicide, it means one person took the life of another,” Staley told the outlet. “It’s either justified or not justified. That’s what the fact finding, that’s what the investigation is going to find out.”
The Lonoke County Prosecuting Attorney’s Office could not be reached for comment.
Brian Claypool, a California-based attorney who has worked on child sexual abuse cases, told Fox News Digital that if Spencer is charged with first-degree murder, his attorneys have several arguments that could significantly reduce – or even eliminate – potential time behind bars.
ARKANSAS COUPLE ALLEGEDLY TRIED TO SELL BABY FOR $1K, BEER BECAUSE CARING FOR BABY, 3 DOGS ‘WAS NOT WORKING’
“Aaron Spencer’s legal team will clearly argue what’s called a heat of passion. That is a defense in the state of Arkansas. And what that really means is that Spencer committed the alleged murder in the midst of an emotional disturbance,” Claypool said on Monday.
“Heat of passion reduces a charge of first-degree or second-degree murder down to manslaughter,” Claypool continued. “That would be a big deal for Aaron Spencer, because that can make the difference between getting convicted and spending 30 years to life in jail or serving five to 20 years in jail.”
The timeline of the shooting, which Lonoke investigators are piecing together, will play a significant role in this defense, Claypool said.
“Hypothetically [if Spencer] went out and grabbed dinner for a couple of hours, went to the movies, then five hours later showed up and shot Fosler [after finding out that he was with his missing daughter], he might have a harder time arguing heat of passion,” he said.
Claypool said Spencer’s attorneys could also argue that their client shot Fosler in self-defense, which could negate murder charges entirely.
“Most self-defense laws throughout the country require the person who uses deadly force to be in imminent fear of grave bodily harm to either themself or a family member,” Claypool explained.
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Sheriff John Staley said Aaron Spencer has not been formally charged and that prosecutors would decide which charges to file. (Google Maps)
“Spencer is going to argue, ‘I [was] terrified [and] I want[ed] to make sure my daughter lives this for another day. I had to shoot this guy, Fosler, before he harmed my daughter,’” Claypool said. “The other way is if the facts unfold to show that, for example, Fosler made a move toward Spencer and that Foster had some kind of weapon or made a threat toward Spencer or threatened to harm his daughter, say, ‘Hey, I’m going to kill your daughter if you try to get me.’ Then, arguably, Spencer at that moment can use lethal force and kill.”
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Lonoke County Sheriff John Staley said the investigation is ongoing. (Lonoke County Sheriff’s Office Facebook page)
How law enforcement reacted to the Spencer family’s calls for help should be scrutinized before trial, Claypool said.
“We need to have a separate investigation done in the shooting,” he said. “If a whole day has gone by and the Spencer family has communicated to law enforcement, ‘Hey, she’s with a guy that’s been charged with raping her,’ he’s going to go to trial for that … we need an explanation across the community and the country as to what then took place.
“Where was law enforcement dispatched to try to find her? How much time went by? What efforts were made to try to find this 14-year-old girl?”
JONESBORO – Staff members at Arkansas State University were honored for their retirement
and milestone accomplishments during the annual Distinguished Performance Awards and
Service Recognition Ceremony in Centennial Hall of Reng Student Union on Monday, May
11.
Those who have or will retire during the current academic year include Malissa Davis,
Ellis Library, 35 years; Jimmy Crocker, Facilities Management, 28 years; Anna Warren,
Childhood Services, 19 years; Cameron Martin, Facilities Management, 14 years; Barbara
Bland, Childhood Services, 14 years; Charlotte Booker, Information Technology Services,
12 years; Mary E. Williams, College of Nursing and Health Professions, 11 years; and
Joe Boon, Facilities Management, 9 years.
Honored for 45 years of service was Sharon Lee, director of community engagement and
outreach for the office of Access and Accommodation Services.
Honored for 40 years of service was Sharon McDaniel, records management supervisor
for the Registrar’s Office.
Those honored for 35 years of service include:
Phillip Ladd, project manager in Construction Services, and Russ Hannah, vice chancellor
for Finance and Administration.
Those honored for 30 years of service include:
Natalie Turney, administrative assistant in the Department of English, Philosophy
and World Languages and Cheryl Richey, custodial coordinator in Facilities Management.
Those honored for 25 years of service include:
Woodie Sue Herlein, out-of-school time projects coordinator in Childhood Services;
Diana Courson, assistant director of Childhood Services; Laura Miller, director of
Arkansas Small Business and Technology Development Center; Mia Sheppard-Taylor, director
of Custodial Services; Eric Barnett, core network engineer and wireless administrator
of Information Technology Services; Clay Hurn, Mail Center; and Sharon Rye, hardware
engineer in Information Technology Services.
Those honored for 20 years of service include:
April Morris, Michael Glover, Mary Melton, Grady Clark, Amber Long Martin, Kayann
Brown, Dwain Roberts, Randy Wheaton, Amber Jones, Melissa Jackson, Cheryl Wright,
Christy Brinkley, and Jimmy Rousseau.
Those honored for 15 years of service include:
Ronnie Gilley, Christina Kostick, Carol Caldwell, Michael Bradley, Mark Freier, Shea
Harris, Thomas Wilson, Chris Boothman, Lora Gibson, Cary Estes, Stephanie Gibson,
Jesse Blankenship, Violeta Lugo, Alyssa Wells, Marsha Carwell, Vickie Gilmer, Edward
Haff, and Alexis Hurdle Besharse.
Those honored for 10 years of service include:
Michael Hagen, Tammy Daffron, Terri Teters, Mollie Menton-Ipsen, Dale McClelland,
Taylor Carpenter, Anne Merten, Avis Turner, Benjamin Housewright, Dallas Reece, Brandon
Tabor, Tia Caldwell, Tara Thomason, Petree Buford, Robert Davenport, Cathy Naylor,
Shannon Williams, Jackie Cox, Frazier Dixon, Devin Nelson, and Michelle White.
Those honored for five years of service include:
Jeri Knight, Josh Rogers, Taylor Shannon, Fen Yu, Deloris Holley, Penny Toombs, Greg
Umhoefer, Sasha Jones, Brittany Stokes, Stephanie Stanley, Caleb Lawson, Raven Person,
Maria Bedwell, Michael Bledsoe, Judith Poole, Suzette Hinkle, Leigh Ann Crain, Bryce
Moore, Andrew Shoffner, Lyle Jones, Derrick Lett, Ben Kutylo, Autumn Anderson, Stanley
Broadaway, Michael Alexander, Jennifer Keys, Julie Yarberry, Shauna Baker, Melissa
Dooley, Paula Kelley, Taylor Simmermon, Craig Estes, Kyle Ford, Fady Fara, Sylvia
Zavala Brandon, Nicholas Wallis, Olivia Clark, and JD Stallings.
Honorees from five years of service through 20 years received a certificate and a
pin. Those celebrating 25 years and up received a plaque in recognition of their dedication
to A-State.
Anya Lynch (left), a Farmington High School student, fields the ball with the help of Riley Sundquist, Farmington Junior High School student on Wednesday, May 6, during the Special Olympics Arkansas Area 3-Farmington softball skills and competition event at the Farmington Sports Complex. (NWA Democrat-Gazette/Caleb Grieger)
Anya Lynch (left), a Farmington High School student, fields the ball with the help of Riley Sundquist, Farmington Junior High School student on Wednesday, May 6, during the Special Olympics Arkansas Area 3-Farmington softball skills and competition event at the Farmington Sports Complex. (NWA Democrat-Gazette/Caleb Grieger)
LITTLE ROCK, Ark. (KATV) — The Arkansas State Police (ASP) held their annual award ceremony today, to recognize bravery and service within their ranks.
Channel 7 provided coverage at the Benton event center this morning, as ASP awarded the troopers cross award, the distinguished Meritorious Service Award and the Medal of Valor to some of its finest members.
“Just a job, you got to do it. I mean, didn’t the day. You know, that’s what we’re trained for, and we’re thankful receive the highest quality of training, you know, in the state, and I’m thankful for the ones that come before us and taught us,” said Trooper Ethan Hiland.
This year, three troopers shared the honor of being named Arkansas State Police Trooper of the year, including Hiland.
Trooper First Class Brady Knuckles and Trooper First Class Jacob Price were recognized for their actions last June, during the arrest of a violent felon out of Michigan who had carjacked a woman at gunpoint.
The troopers saved that woman and killed the suspect in a stop near Carlisle.
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