How an Arkansas dad accused of shooting 67-year-old male who was with his missing daughter, just 14, could beat murder charge
An Arkansas father was arrested last week after allegedly shooting dead a 67-year-old man who was in a car with his missing 14-year-old daughter.Aaron Spencer, 36, reported to police around 1 a.m. last Tuesday that his daughter was missing, according to a press release from the Lonoke County Sheriff's Office. 'Aaron Spencer's legal team will clearly argue what's called a heat of passion.'"While en route, deputies were notified that the father, Aaron Spencer, had located the juvenile in a vehicle with Michael Fosler," the news release stated. The sheriff's office said there was a "confrontation" between Spencer and Fosler. Spencer is accused of shooting Fosler. Police said Fosler was pronounced dead at the scene.Spencer was taken into custody and transported to the Lonoke County Detention Center.Jail records show Spencer posted bail and was released Oct. 9, USA Today reported. The Lonoke County Sheriff's Office said Spencer is facing a preliminary charge of first-degree murder.Lonoke County Sheriff John Staley said in a video shared Oct. 10, "Currently, official charges have not been filed. I have not, nor will I advocate for any specific charges."Staley added, "This is a tragic situation, and my thoughts and prayers are with all those involved."Staley said that an investigation is ongoing and “only limited details can be released” at this time. On Friday, the sheriff told USA Today that Fosler had been arrested by another agency in July and booked for internet stalking of a child and sexual assault. Fosler was scheduled to appear in court in December. Fox News asked Attorney Brian Claypool — a social and legal commentator — if it's possible that Spencer could beat a murder charge."Aaron Spencer's legal team will clearly argue what's called a heat of passion. That is a defense in the state of Arkansas," Claypool explained. "And what that really means is that Spencer committed the alleged murder in the midst of an emotional disturbance."Claypool added: "Heat of passion reduces a charge of first-degree or second-degree murder down to manslaughter. 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."Claypool noted that the confrontation between the two men could allow the defense to argue that their client shot Fosler in self-defense. He highlighted that most self-defense laws throughout the country apply when there is an "imminent fear of grave bodily harm to either themself or a family member."Spencer's wife — Heather Spencer — said she had launched a GoFundMe campaign to help pay for her husband's legal defense but said the campaign was taken down. GoFundMe's terms of service state: "You agree that you will not use the services or platform to raise funds or establish any fundraiser for the purposes of promoting or involving the legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes, or crimes against minors."Heather Spencer wrote on Facebook, "We have been absolutely overwhelmed with the amount of love and support we have received since this incident. I keep saying that we are private people, because we are. It’s been incredibly hard to see this posted all over social media. While we want and need the public’s help for Aaron’s case, we are still trying to process as a family what has happened to our child. We have been trying to navigate this the best we can for everyone."Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
An Arkansas father was arrested last week after allegedly shooting dead a 67-year-old man who was in a car with his missing 14-year-old daughter.
Aaron Spencer, 36, reported to police around 1 a.m. last Tuesday that his daughter was missing, according to a press release from the Lonoke County Sheriff's Office.
'Aaron Spencer's legal team will clearly argue what's called a heat of passion.'
"While en route, deputies were notified that the father, Aaron Spencer, had located the juvenile in a vehicle with Michael Fosler," the news release stated.
The sheriff's office said there was a "confrontation" between Spencer and Fosler.
Spencer is accused of shooting Fosler. Police said Fosler was pronounced dead at the scene.
Spencer was taken into custody and transported to the Lonoke County Detention Center.
Jail records show Spencer posted bail and was released Oct. 9, USA Today reported.
The Lonoke County Sheriff's Office said Spencer is facing a preliminary charge of first-degree murder.
Lonoke County Sheriff John Staley said in a video shared Oct. 10, "Currently, official charges have not been filed. I have not, nor will I advocate for any specific charges."
Staley added, "This is a tragic situation, and my thoughts and prayers are with all those involved."
Staley said that an investigation is ongoing and “only limited details can be released” at this time.
On Friday, the sheriff told USA Today that Fosler had been arrested by another agency in July and booked for internet stalking of a child and sexual assault. Fosler was scheduled to appear in court in December.
Fox News asked Attorney Brian Claypool — a social and legal commentator — if it's possible that Spencer could beat a murder charge.
"Aaron Spencer's legal team will clearly argue what's called a heat of passion. That is a defense in the state of Arkansas," Claypool explained. "And what that really means is that Spencer committed the alleged murder in the midst of an emotional disturbance."
Claypool added: "Heat of passion reduces a charge of first-degree or second-degree murder down to manslaughter. 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."
Claypool noted that the confrontation between the two men could allow the defense to argue that their client shot Fosler in self-defense.
He highlighted that most self-defense laws throughout the country apply when there is an "imminent fear of grave bodily harm to either themself or a family member."
Spencer's wife — Heather Spencer — said she had launched a GoFundMe campaign to help pay for her husband's legal defense but said the campaign was taken down.
GoFundMe's terms of service state: "You agree that you will not use the services or platform to raise funds or establish any fundraiser for the purposes of promoting or involving the legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes, or crimes against minors."
Heather Spencer wrote on Facebook, "We have been absolutely overwhelmed with the amount of love and support we have received since this incident. I keep saying that we are private people, because we are. It’s been incredibly hard to see this posted all over social media. While we want and need the public’s help for Aaron’s case, we are still trying to process as a family what has happened to our child. We have been trying to navigate this the best we can for everyone."
Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
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