In a tragic and legally complicated case out of central Arkansas, a father is now facing murder charges after discovering an older man with his missing 14-year-old daughter in a vehicle under allegedly illicit circumstances and shooting him. Aaron Spencer, 36, was arrested for the fatal shooting of 67-year-old Michael Fosler, a man who was already awaiting trial for allegedly sexually assaulting the young girl several months ago and was under a no-contact order.

Details of the Case

The fatal confrontation took place Oct. 8, in Lonoke County, Arkansas. Spencer had been searching for his missing daughter when he found her in a vehicle with Fosler. According to the Lonoke County Sheriff’s Office, the two men had a confrontation, leading to Spencer shooting Fosler, who was pronounced dead at the scene.

Fosler had a history with Spencer’s family. In July, he had been arrested and charged with internet stalking and sexual assault involving the same 14-year-old girl. He was released on bond and was scheduled to face trial in December. The Spencers had secured a no-contact order against him, yet on the night of the shooting, Spencer found Fosler in violation of that order, raising alarm for his daughter’s safety. According to reports from USA Today, Spencer’s wife, Heather, expressed the family’s fear that Fosler had taken their daughter to harm her further, possibly even to kill her.

The Sheriff’s office revealed to the news outlet that deputies were first alerted to the situation after a call about a missing juvenile. While officers were en route, Spencer reportedly found Fosler with his daughter, which led to the deadly confrontation. Lonoke County Sheriff John Staley later said in a video that investigators are still piecing together exactly what transpired.

Heather Spencer took to social media to defend her husband, calling him a “hero” who acted out of necessity to protect their child. 

“He was able to retrieve our child alive, but in the process, he was attacked and did what he had to do to protect himself and our minor child,” she wrote on Facebook, as reported by Newsweek. She also expressed frustration with how the case had been handled by local authorities so far, stating, “We had no idea this man was in contact with our child again…We thought Fosler had taken our daughter to kill her.”

The Spencers had a GoFundMe page set up to help pay for legal costs, but that was taken down by the website as per the company’s terms of service that “prohibit fundraisers that raise money for the legal defense of anyone formally charged with ‘an alleged violent crime,’” USA Today reported. Heather Spencer is taking donations via Venmo on her Facebook page and Gun Owners of Arkansas (GO-AR), after speaking with the family and examining the case, have established a legal defense fund to help Aaron Spencer.

The GO-AR site also shares a letter from Heather Spencer with more details of her family’s ordeal.

“By God’s never-failing grace, my husband passed this man driving on our road with our minor child in the vehicle. As soon as the predator knew my husband was behind him, he ran. The chase ended in an accident. Aaron was able to retrieve our child alive, but in the process, he was attacked and did what he had to do to protect himself and our minor child. He is now facing an outrageous murder 1 charge,” Heather Spencer wrote in the letter.

In a statement, Sheriff Staley acknowledged the emotionally charged nature of the case, noting that while it is a tragic situation, it is the prosecutor’s office that will ultimately decide what charges, if any, will be filed. 

The Investigation

“This is a tragic situation, and my thoughts and prayers are with all those involved,” Staley said in a press release.

In an interview with USA Today, Staley also said, “”I absolutely do not support predators. “I’m a daddy. I have three daughters. I know she’s (the mother) hurt right now, but there’s absolutely nobody I would put ahead of our children, their children, my children.”

As the investigation continues, Spencer has been released on bail. The charges he faces are preliminary and could change as more information comes to light, Staley stressed. If convicted of first-degree murder, Spencer could face a sentence of up to life in prison .

How investigators determine the details of the events of the shooting played out will serve a big role in the possible outcome of this case. If, in fact, Fosler initiated an attack against the father in response to him trying to get his daughter back or if it can be determined there was indeed a legitimate concern for the girl’s immediate welfare and life, Spencer could have a strong case for self-defense. Arkansas, like many states, also recognizes the right to defend third parties from imminent serious bodily harm or death.

On the other hand, if an understandably irate Spencer, simply pulled Fosler from the car and in anger, shot him, while a jury of 12 fathers would be hard pressed to convict him of murder, the law itself takes a dim view of citizens meting out justice in such measures. Spencer, unless able to work a plea (which would be likely in this case) or pull a not-guilty verdict based on temporary insanity, could be facing legitimate time for this in which case, would such an action be worth it?

It’s a challenging and complicated case from a legal standpoint to say the least.

So, what would you do in this situation? What would any father do?