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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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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.

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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)

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“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.”

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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.”

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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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Lonoke County Sheriff's Detention Center

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

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 Supreme Court rejects challenge to ballot measure that would revoke casino license

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Arkansas Supreme Court rejects challenge to ballot measure that would revoke casino license


LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court on Monday rejected part of a lawsuit challenging a measure on the ballot that would revoke the license issued for a planned casino.

Justices unanimously rejected the lawsuit’s claims that the measure should be disqualified for violating several laws regarding signature gathering. The court has yet to rule on a second part of the lawsuit challenging the wording of the ballot measure.

Cherokee Nation Entertainment, which had been awarded the license to build the casino in Pope County earlier this year, sued along with an affiliated group, the Arkansas Canvassing Compliance Committee.

A special master appointed by the court to review evidence disagreed with the lawsuit’s claim that Local Voters in Charge, the group behind the measure, did not submit required paperwork about its paid canvassers. The special master also rejected the lawsuit’s claim that the group violated a ban on paying canvassers per signature.

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Local Voters in Charge said it was grateful for the ruling.

“Issue 2’s message of local voter control — that communities should have the final say on a casino in their own hometown — is resonating across the state,” Hans Stiritz, a spokesperson for the group, said in a statement. “We look forward to the court’s final decision on the ballot language challenge, with hope that the vote of the people will be counted on Issue 2 in November.”

Ads regarding the casino measure have been blanketing Arkansas’ airwaves. Choctaw Nation of Oklahoma has donated $5.6 million to Local Voters In Charge. Cherokee Nation Businesses has donated $2.8 million to Investing in Arkansas, the group campaigning against the measure.

The proposed amendment would revoke the license granted for a Pope County casino that has been hung up by legal challenges for the past several years. Pope County was one of four sites where casinos were allowed to be built under a constitutional amendment that voters approved in 2018. Casinos have already been set up in the other three locations.

“While disappointing, we still await the Court’s decision on the ballot title challenge,” Allison Burum, spokesperson for the Arkansas Canvassing Compliance Committee, said in a statement. “Issue 2 is misleading, and its sole purpose is to undo the will of Arkansas voters by eliminating the fourth casino license they approved in 2018.”

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LSU vs. Arkansas football picks: What the oddsmakers say

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LSU vs. Arkansas football picks: What the oddsmakers say


SEC football returns under the lights this weekend as No. 8 LSU goes on the road against Arkansas in a battle between teams coming off big conference victories. Let’s check in with the early predictions for the game from the nation’s oddsmakers.

LSU moved up in the rankings after a statement overtime victory against Ole Miss, capping off a five-game win streak, and moving to 2-0 in SEC play.

Arkansas is 12 combined points away from being undefeated and coming off the win of its season after knocking off then-No. 4 Tennessee at home, moving to 2-1 in SEC games.

What do the wiseguys expect from this SEC matchup?

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Let’s take a look at the early predictions for LSU vs. Arkansas, according to the oddsmakers.

So far, the books are siding with the road team, but by a slim margin.

LSU is a 3 point favorite against Arkansas, according to the lines at FanDuel Sportsbook.

FanDuel lists the total at 54.5 points for the game.

And it set the moneyline odds for LSU at -150 and for Arkansas at +130 to win outright.

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LSU: -3 (-110)
Arkansas: +3 (-110)

Over 54.5 points: -110
Under 54.5 points: -110

LSU is 2-4 against the spread (33.3%) overall this season …

Arkansas is 5-1 (83.3%) ATS in ‘24 …

The total went over in 15 of LSU’s last 20 games …

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LSU is 4-12-1 against the spread in its last 17 games against Arkansas …

The total went under in 6 of the Hogs’ last 7 games at home against LSU …

LSU is 1-4 against the spread as a 3-point or greater favorite in 2024 …

Arkansas is 3-0 against the spread as 3-point or greater underdogs this season …

LSU’s offense is highly productive when throwing the football, ranking 6th in FBS with 337 yards per game on average, but 100th in rushing production with 123 yards per game.

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Garrett Nussmeier is completing 64.3 percent of his pass attempts with 1,989 yards, averaging 8 yards per attempt, while scoring 18 touchdowns with 6 interceptions. He’s been sacked just twice.

Kyren Lacy leads LSU with 6 of the team’s 18 receiving touchdowns, and is first with 463 yards off 30 grabs for a 15.4 yard per catch average.

Aaron Anderson has 3 touchdown catches off 30 receptions with 452 yards.

Zavion Thomas and Trey’Dez Green each have 2 touchdown catches, while tight end Mason Taylor and wideout Kyle Parker each have one.

LSU averaged 4.7 yards per carry with Caden Durham leading the backfield, rushing for 281 yards and 3 touchdowns, while Josh Williams is right behind with 200 yards and another 3 scores.

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Nussmeier has added 3 rushing touchdowns on 8 carries.

Arkansas is 24th in FBS with 285.3 passing yards per game on average and ranks 34th nationally with 199 rushing yards per game, while scoring 33 points per game, good for 40th in the nation.

Taylen Green is completing 56.6 percent of his pass attempts, throwing 5 touchdowns against 5 interceptions and has been sacked 13 times while covering 1,502 yards in the air.

Green is second on the team with 326 rushing yards and 4 of the Razorbacks’ 20 rushing touchdowns.

Ja’Quinden Jackson has 10 of those scores on the ground, averaging 5.7 yards per carry while running for 586 yards off 99 carries.

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Braylen Russel has scored twice off 24 carries and reserve quarterback Malachi Singleton has 2 rushing touchdowns on 8 carries while hitting 71 percent of his throws in backup work.

Five Arkansas players have caught touchdown passes, and while Andrew Armstrong isn’t one of them, he leads the team with 552 yards off 38 receptions.

Bettors are almost evenly split on how to project this game, according to the spread consensus picks.

But it’s LSU that’s getting majority support, as 51 percent of bets predict it will win the game and cover the spread.

The other 49 percent of wagers suggest that Arkansas will either win in an upset or stay within the line.

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The game’s implied score suggests a narrow win for the Tigers over the Razorbacks.

When taking the point spread and total into consideration, it’s implied that LSU will defeat Arkansas by a projected score of 29 to 26.

Our early pick: LSU -3 … Nussmeier and the LSU receivers should find angles against a vulnerable Arkansas secondary, but not without the Tigers’ susceptible front seven letting the Hogs break through and gain some momentum on the ground first.

When: Sat., Oct. 19
Time: 6 p.m. Central
TV: ESPN network

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Game odds refresh periodically and are subject to change.

If you or someone you know has a gambling problem and wants help, please call 1-800-GAMBLER.

More college football from SI: Top 25 Rankings | Schedule | Teams

Follow College Football HQ: Bookmark | Rankings | Picks

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Arkansas basketball greats make appearance in Pine Bluff for ‘Tip-Off Tour’ practice | Whole Hog Sports

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Arkansas basketball greats make appearance in Pine Bluff for ‘Tip-Off Tour’ practice | 
  Whole Hog Sports


PINE BLUFF — Razorbacks past and present from South Arkansas were brought together Sunday at the Pine Bluff Convention Center.

Before an estimated crowd of 3,500 watched Coach John Calipari’s first Arkansas men’s basketball team hold an open practice, an honorary starting five of U.S. Reed, Andrew Lang, Ken Biley, Chris Walker and Ernie Murry were introduced to the fans.

Todd Day — the Razorbacks’ all-time leading scorer with 2,395 points and a former NBA player — also was introduced as the team’s sixth man.

Those six played for either Eddie Sutton or Nolan Richardson (Lang played for both) at Arkansas. Sutton and Richardson are Naismith Memorial Basketball of Hall of Fame inductees as coaches, as is Calipari.

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Sutton led Arkansas to the 1978 Final Four and NCAA Tournaments appearances in his final 9 of 11 seasons on the job. Richardson led the Razorbacks to their lone national championship in 1994, a runner-up finish in 1995 and the 1990 Final Four.

“This program did not start with me,” Calipari, who was Kentucky’s coach the previous 15 seasons, said after Sunday’s practice. “I just happen to rent the seat.

“What Eddie Sutton did, what Coach Richardson did, what the other coaches did, you want to make sure you’re tying everybody into this.”

More from WholeHogSports: Multiple Arkansas basketball players withheld from Hot Springs practice with focus on season readiness

Reed, a four-year starting guard for Arkansas from Pine Bluff High School, is best-remembered for hitting a last-second, half-court shot that lifted Arkansas to a 74-73 victory over Louisville in the 1981 NCAA Tournament.

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“This is great for the city, great for the state, great for the kids,” Reed said of Arkansas having a practice in his hometown. “As former players, it’s great for us to see this as well.”

The Razorbacks played games annually in the Pine Bluff Convention Center from the 1977-78 through 1992-93 seasons before Walton Arena opened on the Arkansas campus.

“This is a historic place for Razorback basketball,” Reed said. “There are a lot of great memories here. For people in the Delta and this part of the state to see the Razorbacks means a lot.”

Lang, an Arkansas center from 1985-88, was a McDonald’s All-American at Pine Bluff Dollarway High School.

“I remember seeing Arkansas beat North Carolina in this building,” Lang said, referring to the Razorbacks’ 65-64 victory over the No. 1 Tar Heels in 1984. “I remember playing Ohio State in this building.”

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Lang, who played 12 seasons in the NBA, helped the Razorbacks beat the Buckeyes 79-70 in overtime during the 1985-86 season when he was a sophomore.

“I love it that the Razorbacks have come back to Pine Bluff,” said Murry, a guard from nearby Wabbeska who played on the Razorbacks’ 1990 Final Four team. “They haven’t been here in more than 30 years.”

Murry lives in Bryant and is executive director of the nonprofit organization SOAR, which stands for Students Of Achievement and Responsibility and provides students in the Pine Bluff area after-school academic, social and spiritual programs.

“Ernie Murry is my best friend and called and said, ‘Hey, man, the Razorbacks are coming to Pine Bluff. You need to come back,’ ” said Biley, who starred at Pine Bluff High School.

Biley, a district manager for H&R Block in Houston, made the 8 1/2-hour drive to Pine Bluff on Sunday.

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“I left Houston at 4:30 a.m.,” Biley said. “But it was worth it to be here and see the Razorbacks.”

In Biley’s final game at Arkansas, he started against Duke in the 1994 NCAA Tournament championship game, guarded Blue Devils All-American Grant Hill and held him scoreless the first five minutes as the Razorbacks went on to win 76-72.

“Great memories playing here in the Pine Bluff Convention Center,” Biley said. “I played in the King Cotton Classic and then as a Razorback.

“To have the Razorbacks back, this is what a lot of people here in Southeast Arkansas have been waiting for. I had to be here to be a part of this and welcome the Razorbacks and Coach Cal to Pine Bluff, Arkansas.”

Some of the current Razorbacks were held out of Sunday’s practice or did limited work without contact, including senior guard Johnell Davis, senior forward Jonas Aidoo and junior forward Adou Thiero. They also sat out or didn’t go full speed Saturday when the Razorbacks practiced in Hot Springs.

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As Calipari told the crowds at both practices, he’d rather have the players who are banged up ready for the start of the season than risk aggravating injuries now.

A group of nine players went through the entire practices Saturday and Sunday — led by junior forward Trevon Brazile, sophomore guard D.J. Wagner, sophomore forward Zvonimir Ivisic, freshman guard Boogie Fland and freshman forward Karter Knox and Billy Richmond — and worked against the graduate assistants on staff.

“To do this on back-to-back days, to do it a little undermanned where some guys are on the court the whole time, I’m amazed what we’re getting done,” Calipari said.

In addition to driving from Fayetteville to Hot Springs and then to Pine Bluff and going through two practices, the Razorbacks took part in photo and autograph sessions as well as donating 3,000 shoes at two Samaritan’s Feet events.

“I’m kind of proud of them,” Calipari said. “And hopefully it gives the people throughout the state a chance to see who our players are and then what the program is about, which is reaching out into the community.”

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Calipari wore a red pullover for Saturday’s and Sunday’s practices after being in Kentucky blue for so long.

“I’m used to it now,” Reed said of seeing Calipari in Razorback colors. “He looks good in red.”

Lang and Walker — who went to Pine Bluff High School and as an Arkansas senior played on the Razorbacks’ only SEC Tournament championship team in 2000 — traveled from Atlanta to Pine Bluff for Sunday’s event.

“The Razorbacks are coming to my hometown,” said Walker, who works in phone technology. “I can’t help but support that and be a part of it. It’s beautiful for the city of Pine Bluff to have the Razorbacks here.”

Lang retired after 20 years as an ordained minister — including serving as chaplain for the Atlanta Hawks, one of his former NBA teams — and now works in real estate.

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“Meeting Cal, he personally received me with open arms,” Lang said. “I can’t tell you how much that means to me. I wish him nothing but the best. I think the state is very lucky to have him.”

Calipari, hired at Arkansas on April 10, led Kentucky to the Final Four four times and won the 2012 national championship. He also had Final Four teams at Massachusetts and Memphis.

“We’re glad to have Coach Cal as part of Razorback Nation,” said Reed, who lives in Maumelle and works in fund-raising for the University of Arkansas at Pine Bluff. “It’s really a blessing to have him on our side.

“You feel like we’re back on top with the Arkansas name. The national respect is back. It was a blessing to see his team in Pine Bluff.”

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