Arkansas

Arkansas dad accused of killing man he found with daughter, 14, could use ‘heat of passion’ defense: attorney

Published

1 year ago

October 15, 2024

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Arkansas dad accused of killing man he found with daughter, 14, could use ‘heat of passion’ defense: attorney

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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.

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“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.

HONDURAN ILLEGAL IMMIGRANT CHARGED IN ALLEGED DUI CRASH THAT KILLED ARKANSAS CHILDREN’S RESPIRATORY THERAPIST

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?”

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Arkansas

Way-Too-Early Top 25: Ranking College Basketball’s Best for 2026-27

Published

9 hours ago

April 7, 2026

Press Room

Way-Too-Early Top 25: Ranking College Basketball’s Best for 2026-27

FAYETTEVILLE, Ark. — With the transfer portal reshaping rosters overnight and elite freshmen arriving every summer, projecting the next college basketball season has become an exercise in controlled chaos.

Still, a handful of programs have positioned themselves early as national title contenders through roster continuity, program consistency and coaching stability.

Arkansas will once again be in the mix, but its true preseason forecast will come once the portal is mostly wrapped up. Coach John Calipari knows what type of player he needs to add for his team to advance past the NCAA Tournament Sweet 16 and probably won’t sleep a whole lot until he signs at least one major contributor in the paint.

No. 1 seed Michigan had a stellar run in its second season under coach Dusty May, who competes for a national championship against No. 2 seed UConn Monday night. He goes up against two-time championship coach Dan Hurley, who is looking to join elite company by winning his third trophy with the Huskies.

Which teams are best equipped already for next season? Here’s an early look at who can make a run in 2026-27.

1. Michigan

UConn Huskies forward Jaylin Stewart (3) possesses the ball against Michigan Wolverines forward Yaxel Lendeborg (23) in the first half during the national championship of the Final Four of the men’s 2026 NCAA Tournament at Lucas Oil Stadium. Mandatory Credit: Trevor Ruszkowski-Imagn Images | Trevor Ruszkowski-Imagn Images

The Wolverines absolutely make sense regardless of if they win a national title Monday night. May added a commitment from 5-star guard Brandon McCoy Saturday who projects to be a lead guard at the next level.

Key big man Yaxel Lendeborg will be a huge loss after being a critical piece to Michigan’s championship game run. Power forward Morez Johnson should return after averaging over 13 points and seven rebounds per game.

Another likely returnee is Trey McKenney, who played well as a freshman averaging 11 points and 44% shooting in the month of March.

1B. UConn

UConn Huskies guard Solo Ball (1) reacts after a made three point basket against the Michigan Wolverines during the NCAA men’s basketball tournament national championship game at Lucas Oil Stadium in Indianapolis. | Christine Tannous/IndyStar / USA TODAY NETWORK via Imagn Images

Whether Hurley’s bid for a third title falls short, his brilliant coaching in the NCAA Tournament is worth keeping the Huskies near the top of all college basketball rankings.

Veterans such as Alex Karaban and Tarris Reed are seeing their eligibility expire while freshman Braylon Mullins could opt to enter the NBA Draft.

Veteran guard Silas Demary has been a nice addition from Georgia out of the portal this season and will likely return as the Huskies’ starting point guard.

3. Duke

The Blue Devils are set to lose the Boozer twins, but have signed capable replacements in true freshmen Cameron Williams and Deron Rippey, Jr.

Coach Jon Scheyer’s group will continue to run the ACC until anyone else decides to be up for the challenge. If he can find a way to keep Patrick Ngongba around for next season as his key big man, then there’s no reason to count out Duke as national title favorites once again.

Duke Blue Devils coach Jon Scheyer speaks with the media during a press conference ahead of the east regional of the men’s 2026 NCAA Tournament at Capital One Arena. | Geoff Burke-Imagn Images

4. Michigan State

No one will ever doubt coach Tom Izzo’s ability to assemble a championship contender and he did just that with Coen Carr, Jeremy Fears and company this season.

With a top high school recruiting class and a couple of key portal additions on the perimeter, the Spartans will be Big Ten title contenders and earn a Top 4 NCAA Tournament seed.

5. Illinois

Coach Brad Underwood has made the Fightin’ Illini a raging success and nearly led his team to the promised land this season.

He discovered freshman wing Keaton Wagler before anyone else, and became a household name and potential lottery pick after arriving to school as aTop 150 prospect.

Lightning might not strike twice next year, but he’ll probably have another solid team built for a deep NCAA Tournament run. Sharpshooter Andrej Stojakovic and forward David Mirkovic are both expected to return after playing key roles in Illinois’ first Final Four run in two decades.

6. Arizona

The Wildcats were no match for Michigan in the Final Four and are likely going to lose key freshmen Koa Peat and Brayden Burries to the NBA Draft. Keeping veteran big man Mo Krivas and key wing Ivan Kharchenkov in the rotation is key.

Adding McDonald’s All-American MVP Caleb Holt won’t hurt either as the next great freshman for the Wildcats.

7. Arkansas

Coach John Calipari knows his biggest assignment will be adding a big man or two to round out his rotation. He has a three 5-star freshmen in Jordan Smith, Jr. (No. 2 ranked prospect, JJ Andrews and Abdou Toure coming in with potential key returnee Billy Richmond to potentially lockdown the perimeter.

Jordan Smith Jr during the McDonalds All American Boys Game at Desert Diamond Arena. | Mark J. Rebilas-Imagn Images

Arkansas fans are hungry to see their team get back to the Final Four and have been inching closer each of the previous five seasons.

8. Purdue

The Boilermakers are set to lose All-American guard Braden Smith, Fletcher Loyer and Trey Kaufman-Renn which will be hard to come back from for any team.

However, Matt Painter continues to reload with guys who often fly under the radar or lesser known on the recruiting trail out of high school. His next team may not be as talented, or veteran laden but should be fixtures in the Big Ten no matter what the offseason brings.

9. St. John’s

Arkansas guard Boogie Fland (2) and forward Billy Richmond III (24) fight for a rebound against St. John’s guard Aaron Scott (0) during the second half of a second round men’s NCAA Tournament game at Amica Mutual Pavilion. | Brian Fluharty-Imagn Images

The Red Storm will find it tough to replace versatile big man Zury Ejifor, but if anyone can do so it’s hall of fame coach Rick Pitino. His team has been close to breaking into national title contention over the previous two seasons.

Pitino’s combination of Ian Jackson, Dylan Darling and Ruben Prey can give St. John’s a boost next season.

10. Alabama

Nate Oats has the Crimson Tide at a level never before seen in Tuscaloosa with at least a Sweet 16 or better finish in each of the previous four seasons.

Star guard Labaron Philon is probably headed to the league as a mid-first round prospect which leaves a gaping hole in Alabama’s rotation for next season.

Top 20 freshman guard Qadyden Samuels is potentially a solid replacement with a complete offensive skillset as a three-level scorer. If his length translates well to college, he can be an exceptional perimeter defender.

Oats will need to find a way to keep key big men such as Amari Allen and Aiden Sherrell around or pick up a couple out of the transfer portal to stay near the top of the SEC.

Alabama Crimson Tide coach Nate Oats looks on in the second half against the Michigan Wolverines during a Sweet Sixteen game of the Midwest Regional of the men’s 2026 NCAA Tournament at United Center. | David Banks-Imagn Images

11. Iowa State

The Cyclones were on the verge of a breakthrough before falling short in the Sweet 16. Losing All-American Joshua Jefferson early in the tournament sidelined any hopes of coach T.J. Otzelberger leading his team to its first Final Four since 1944.

Iowa State will probably make a strong run in the portal to replace other key contributors. But one thing is sure that this program has staying power on the national scene.

12. Kansas

Kansas Jayhawks forward Justin Cross (25) is welcomed by Kansas Jayhawks head coach Bill Self before the Sunflower Showdown game against Kansas State Wildcats inside Allen Fieldhouse in Lawrence, Kansas, on Saturday, March 7, 2026. | Evert Nelson/The Capital-Journal / USA TODAY NETWORK via Imagn Images

Each passing year it seems that the biggest question is whether or not coach Bill Self will return for another year.

He is, at least this year, but even with his exceptional recruiting skills and a deep portal budget, it seems like a slight nosedive has taken place since winning the national title in 2022.

Star freshman Darryn Peterson’s one-and-done stay in Lawrence certainly didn’t live up to the hype. Big man Flory Bidunga is currently evaluating his options, which shouldn’t give anyone a reason to rank the Jayhawks higher.

13. Iowa Hawkeyes
14. Gonzaga Bulldogs
15. Florida Gators
16. North Carolina Tar Heels
17. Louisville Cardinals
18. Wisconsin Badgers
19. Nebraska Cornhuskers
20. Houston Cougars
21. Providence Friars
22. St. Louis Billekins
23. Texas Longhorns
24. Auburn Tigers
25. LSU Tigers

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Arkansas

EDITORIAL: What a ride | Arkansas Democrat Gazette

Published

21 hours ago

April 6, 2026

Press Room

EDITORIAL: What a ride | The Arkansas Democrat-Gazette – Arkansas’ Best News Source

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Get the tight pants out

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Arkansas

6th Annual Be a Part of the Cure Walk Supports Cancer Research in Arkansas

Published

1 day ago

April 6, 2026

Press Room

6th Annual Be a Part of the Cure Walk Supports Cancer Research in Arkansas

LITTLE ROCK, Ark. (KATV) — A major event aimed at raising awareness and funding cancer research in Arkansas is coming up this weekend.

The 6th Annual Be a Part of the Cure Walk benefits the UAMS Winthrop P. Rockefeller Cancer Institute, helping fund cancer research, clinical trials, and long-term survival studies, with every dollar raised staying in Arkansas.

Joining us this morning are Elizabeth Birrer, co-chair of the walk, and Lesley Murphy, this year’s emcee.

Murphy, a professional travel journalist, has shared her own cancer prevention journey after undergoing a preventative double mastectomy at UAMS when genetic testing revealed she carried the BRCA2 gene. She now uses her experience to help educate and raise awareness about cancer prevention.

The walk is designed to bring the community together, survivors, families, and supporters, while highlighting the importance of research and patient care. Participants can expect a day of walking, activities, and opportunities to learn more about the institute’s ongoing work.

Online registration is available at here and closes at 6:30 p.m. Friday, May 1st. In-person registration opens at 6:30 a.m. Saturday, May 2nd at War Memorial Stadium, Gate 1.

Every dollar raised during the event directly supports research and clinical studies here in Arkansas, helping to advance treatment and improve outcomes for patients across the state.

The 6th Annual Be a Part of the Cure Walk is a community effort that combines awareness, education, and support, all focused on the fight against cancer.

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