The case against Aaron Spencer has been finally, and properly dismissed.
Dismissed it has been, but not because, as one would think, his conduct in defending the life of his daughter from a predator was justified.
Instead, it was properly dismissed because of police and prosecutorial misconduct - in spoliating evidence.
CBS News: Judge dismisses murder charge against Arkansas sheriff nominee who killed daughter's alleged abuser
A judge has dismissed a murder charge against an Arkansas man who won the GOP nomination for sheriff while awaiting trial for the shooting death of his teenage daughter's alleged abuser.
Special Circuit Court Judge Ralph Wilson Jr. dismissed the case against Aaron Spencer on Thursday afternoon — just a few weeks before his trial on the second-degree murder charge was expected to begin — because a dash camera memory card that may have captured the shooting was lost by law enforcement.
Apparently the dashcamera itself was initially withheld from the defense, and then only produced with the SD card, which had apparently been reviewed, and then conveniently went missing:
Spencer's attorneys filed the motion seeking to have the case dismissed, contending that video and audio of the dash camera from Fosler's truck may have contained evidence that would have cleared Spencer of any wrongdoing. According to court records, a detective with the Lonoke County Sheriff's Office removed the dash camera from the truck when responding to the scene of the shooting.
But the camera's internal settings were not preserved, and the battery of the camera was allowed to drain, and as a result, the camera went back to its default settings. When the camera was sent to the attorney general's office for a forensic exam, the memory card that was in it when it was collected from the truck was missing. The detective who collected the camera later admitted that it was not logged into evidence right away, but was instead stored in his personal office rather than the evidence room, according to court records.
Yep, that's not suspicious, at all.
Meanwhile CNN gave its salacious best: CNN: Judge dismisses murder case against Arkansas sheriff candidate Aaron Spencer
Spencer admitted to gunning down Michael Fosler in the early hours of October 8, 2024, after he found him with his daughter after midnight despite a no-contact order. Fosler, 67, was out on bond while facing dozens of charges, including internet stalking of a child and sexual assault in connection with Spencer’s daughter, who was 13 at the time.
Yep, a 67 year old, with a reputation for being a pedo, is released with charges of internet stalking and sexual assault on a 13 year old, while on bond takes the same 13 year old at night into his truck. Aaron Spencer, the girls father finds him and stops the truck. A fight ensures and Spencer then shoots him protecting his daughter.
One would think based on those circumstances, the defense of a third party alone the case against Aaron Spencer should never have been brought. Add to it the impressive mishandling of evidence, and the dismissal is more than justified.
On the upside, the detective that mishandled the evidence has been terminated, so that's at least something.
I certainly hope Aaron Spencer wins the election as Sheriff and helps to clean up the department accordingly so "mistakes" with evidence do not happen in the future.
