Dad shoots his man kidnapping his daughter, charged with murder

18,312 Views | 132 Replies | Last: 18 days ago by oysterbayAG
erudite
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Has anyone seen this case? Article

Long story short:

Former cop (police chief?) is arrested for 43 counts of child rape, child pornography, stalking etc.
Judge lets him out on low/zero bond
Former cop goes to kidnapp one of the kids he was abusing during the night.
Kids father heard the noise, called 911, tracks down the kidnapper abusing his 14 year old daughter a truck down the road, shoots him dead
Judge charges the father with murder, seals, and gags the case
Arkansas supreme court overturns the gag and seal order
Give send go (?) of the father, his court docket

I wonder if there's way to intervene as public citizens to have them broadcast the trial...

Quote:

The Arkansas Supreme Court on Thursday vacated a gag order in the case of Aaron Spencer, a Lonoke County man charged with second-degree murder in the death of Michael Fosler in October. Fosler, 67 at the time of his death, had previously been arrested and charged with several sexual offenses against Spencer's teenage daughter.

Calling the Lonoke County Circuit Court's gag order in the case a "gross abuse of discretion," the Supreme Court struck the order in its entirety.

The facts of the case, which quickly drew attention inside and outside of Arkansas, are straightforward. Fosler was arrested in July and charged with 43 counts including sexual assault of a minor, internet stalking of a child, and possession of child pornography, some or all of which related to a relationship between Fosler and Spencer's then-13-year-old daughter. Circuit Judge Barbara Elmore released Fosler on bond.

Late one night in October, Spencer told police, he heard his dogs barking and went to his daughter's room to check on her. She was not there. Spencer called 911 to report her missing, then went looking for her.

A short time later, he found his daughter and Fosler in Fosler's truck, and Spencer forced the truck off the road. This led to an altercation between the men, after which Spencer called 911 again to report that he'd shot Fosler. Fosler died at the scene.

The state charged Spencer with second-degree murder plus a firearm enhancement in November. Spencer's case, like Fosler's, was assigned to Judge Elmore.


Quote:

"It appears to the Court," Elmore wrote, "that the dissemination by any means of public communication of any out-of-court statements relating to this case may interfere with the rights of the Defendant and the State of Arkansas to receive a fair and impartial trial."

Elmore then went a step further and, without being asked by either side in the case, ordered that the entire matter be sealed.

Kyle Field Shade Chaser
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AG
Rogue judges are just as evil as these criminals
LOYAL AG
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This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?
ktownag08
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I think most fathers in the same situation would have done the same thing.

Let the man go free.
FIDO*98*
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If it goes to trial, I'd bet he walks. I don't see a jury in Arkansas convicting on this
techno-ag
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LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?

ETA nuance to the question: Did he fear for his life or the safety/life of his daughter to an extent it justified the use of deadly force?
The left cannot kill the Spirit of Charlie Kirk.
mm98
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nm
Muy
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LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?


I would hope so, but some people think that the law will protect them… by letting the pedophile out on the streets to haunt more people.
AgPrognosticator
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techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?


That is not the question….

To be clear, if he reasonably believed his daughter was going to victimized to a felony using physical force, he is entitled to use lethal force in response.

If that question is presented properly to the jury, there is no way this guy is convicted of even a petty misdemeanor. This judge should be removed from the bench.
Stmichael
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The degree to which the circuit judge abused his authority to favor the (now dead) pedophile casts a great deal of suspicion on him. First by releasing a man with 43 counts of various charges of being a sexual predator on low bond, and then by issuing an egregiously illegal gag order on a father who defended his teenage daughter.

This strikes me as someone who has either familial ties to the perp, or was somehow connected to what he was doing. And if that's the case, this judge should be drawn and quartered.
Sid Farkas
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Judges ruined their own profession by not using laws to make their decisions.
TexAgs91
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Kyle Field Shade Chaser said:

Rogue judges are just as evil as these criminals

aiding and abetting
No, I don't care what CNN or Miss NOW said this time
Ad Lunam
ProgN
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If I'm on that jury he walks free or I'd hang it. I'm not sending a father to prison for doing what a real father should do.
Hogties
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I would be shocked if a Lonoke County (small town Arkansas) jury convicted this man for protecting his daughter from a pedophile cop. Glad the Supreme Court of Arkansas lifted the gag order.

WestHoustonAg79
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AgPrognosticator said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?


That is not the question….

To be clear, if he reasonably believed his daughter was going to victimized to a felony using physical force, he is entitled to use lethal force in response.

If that question is presented properly to the jury, there is no way this guy is convicted of even a petty misdemeanor. This judge should be removed from the bench.


Don't know the local laws there but it's all going to come down to the detail of the law like you mentioned in cases like this.

99% of dads out there will agree they'd do the same in that situation and hope he walks free (including myself). But details are so vague we have no idea if he's hosed or not.
FrioAg 00
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No way he gets convicted. There will be at least a couple on every jury that sees it like I do.

I don't care if the guy was unarmed, on his knees begging for forgiveness with his back to the shooter. Not guilty,

It is obvious his daughter was at active and ongoing risk of being assaulted again and again, regardless of what she thought (she's not old enough to have a consequential opinion) and regardless of the circumstances in that moment (like held at gunpoint).

Honestly the judge should be charged ad an accomplice to the sexual assault
Anti-taxxer
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If it was my husband, the kidnapper would have been lucky to a) only been shot, and b) lived to the point of even being given bond.

No way in hell this dad gets convicted.

Especially in Arkansas.
Captain Pablo
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AgPrognosticator said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?


That is not the question….

To be clear, if he reasonably believed his daughter was going to victimized to a felony using physical force, he is entitled to use lethal force in response.

If that question is presented properly to the jury, there is no way this guy is convicted of even a petty misdemeanor. This judge should be removed from the bench.


Thank you

I was about to clear this misconception up but you swooped in first

Well done
Captain Pablo
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I would imagine Gov. Huckabee's pardon pen is within reach
No Spin Ag
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ProgN said:

If I'm on that jury he walks free or I'd hang it. I'm not sending a father to prison for doing what a real father should do.

Preach.
There are in fact two things, science and opinion; the former begets knowledge, the later ignorance. Hippocrates
No Spin Ag
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Muy said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?


I would hope so, but some people think that the law will protect them… by letting the pedophile out on the streets to haunt more people.

The only good pedophile is a dead pedophile, period.

I'll die on this hill.
There are in fact two things, science and opinion; the former begets knowledge, the later ignorance. Hippocrates
agdaddy04
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No way did I think this would be in a state like Arkansas when reading the headline and description. Corrupt judge needs to have his history reviewed.
Captain Pablo
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Stmichael said:

The degree to which the circuit judge abused his authority to favor the (now dead) pedophile casts a great deal of suspicion on him. First by releasing a man with 43 counts of various charges of being a sexual predator on low bond, and then by issuing an egregiously illegal gag order on a father who defended his teenage daughter.

This strikes me as someone who has either familial ties to the perp, or was somehow connected to what he was doing. And if that's the case, this judge should be drawn and quartered.


Judge Barbara Elmore is a "she"

And the Supreme Court called her decisions a "gross abuse of discretion"

The low bond, going after the dad so aggressively, the gag order, the sealing

Something weird with this case
insulator_king
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She is a white female, appointed by Gov Beebe in 2007.

https://ballotpedia.org/Barbara_Elmore
Teslag
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techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?

ETA nuance to the question: Did he fear for his life or the safety/life of his daughter to an extent it justified the use of deadly force?


Not sure about Arkansas but lethal force in Texas is justified to prevent aggravated kidnapping and sexual assault. Both of which would apply here. Even if the 13 year old wanted to she is unable to give consent which makes it both kidnapping and sexual assault.
techno-ag
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Teslag said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?

ETA nuance to the question: Did he fear for his life or the safety/life of his daughter to an extent it justified the use of deadly force?


Not sure about Arkansas but lethal force in Texas is justified to prevent aggravated kidnapping and sexual assault. Both of which would apply here. Even if the 13 year old wanted to she is unable to give consent which makes it both kidnapping and sexual assault.

Yup. That's what it's ultimately going to come down to. A jury will decide unless this case is dropped.
The left cannot kill the Spirit of Charlie Kirk.
MouthBQ98
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Seems more like the judge was trying to cover for the first decision to go super soft on the predator by suppressing the maximum amount of discourse on the topic.
Teslag
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techno-ag said:

Teslag said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?

ETA nuance to the question: Did he fear for his life or the safety/life of his daughter to an extent it justified the use of deadly force?


Not sure about Arkansas but lethal force in Texas is justified to prevent aggravated kidnapping and sexual assault. Both of which would apply here. Even if the 13 year old wanted to she is unable to give consent which makes it both kidnapping and sexual assault.

Yup. That's what it's ultimately going to come down to. A jury will decide unless this case is dropped.


Agreed but not sure why a prosecutor even takes this to a grand jury.
Mas89
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Prior to age 67, the child molester should have been killed by a victims family member.
The governor should pardon and thank the shooter.
techno-ag
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Teslag said:

techno-ag said:

Teslag said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?

ETA nuance to the question: Did he fear for his life or the safety/life of his daughter to an extent it justified the use of deadly force?


Not sure about Arkansas but lethal force in Texas is justified to prevent aggravated kidnapping and sexual assault. Both of which would apply here. Even if the 13 year old wanted to she is unable to give consent which makes it both kidnapping and sexual assault.

Yup. That's what it's ultimately going to come down to. A jury will decide unless this case is dropped.


Agreed but not sure why a prosecutor even takes this to a grand jury.

Small town politics I bet. The perp was a local cop.
The left cannot kill the Spirit of Charlie Kirk.
2wealfth Man
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Problem is that the Dad is going to have to spend a small fortune and undergo undeserved public scrutiny to defend himself for something most would think would be well within the bounds of self-defense. We have legally gone off the rails.
Gilligan
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He took out the trash!

Give the man the keys to the city.
TexasAGGIEinAR
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This happened in the good ol boy part of Arkansas. Yes, most all of my state is that way but Lonoke County is basically just farm country. There's nobody in the state that is cool with this not being over with already. If it drags on much longer, they'll just take it to the state Supreme Court and he'll walk. He's also getting plenty of financial support from donors to beat this. The judge is gonna need to go into witness protection after this. It's pathetic.
Mas89
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Why hasn't the Governor already pardoned him? Is that possible in Arkansas?
erudite
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Captain Pablo said:

AgPrognosticator said:

techno-ag said:

LOYAL AG said:

This will be an interesting story to follow. It's Arkansas so we aren't dealing with an anti-gun state. I would have assumed he's within his rights to use deadly force to defend his daughter.

What am I not getting?

I'm sure it will be construed as a "judged by 12 or carried by 6" situation. This guy will be judged by 12.

The key question as it always is will be did he fear for his life?


That is not the question….

To be clear, if he reasonably believed his daughter was going to victimized to a felony using physical force, he is entitled to use lethal force in response.

If that question is presented properly to the jury, there is no way this guy is convicted of even a petty misdemeanor. This judge should be removed from the bench.


Thank you

I was about to clear this misconception up but you swooped in first

Well done

It is also alleged (by the defense) that the dead perp was abusing his daughter when he found them, both sides agree that there was a verbal altercation (Probably something like "Get your hands off my daughter you sob"), and then (the state claims) he shot him becuase he wouldn't comply, and then mag dumped him deliberately to make sure the perp was extra dead.
Dead man was a family friend and apparently (?) he got caught extorting the daughter by this father, so he knew this man was a sex predator.

I fundamentally disagree with the gag order, and I honestly think this case should be televised to prevent further abuses by this judge or another.
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