Aaron Spencer Case File
Aaron Spencer
Aaron Spencer is charged in Lonoke County, Arkansas, with second-degree murder and a firearm enhancement in the October 8, 2024 shooting death of Michael Fosler.
Fosler had previously been charged with dozens of felony sexual offenses involving Spencer’s teenage daughter and was free on bond at the time of the shooting.
The case later gained national attention after Spencer launched a campaign for Lonoke County sheriff while awaiting trial.
Aaron Spencer
Aaron Spencer Timeline
Aaron Spencer is charged in Lonoke County, Arkansas, with second-degree murder and a firearm enhancement in the October 8, 2024 shooting death of Michael Fosler.
September 13, 1957
- Michael G. Fosler was born . Court records list his date of birth as September 13, 1957. Source
Later
- Married Janne Anne Fosler
Early 1980s
- Michael G. Fosler Served as Town Marshal for Hamlet, Indiana Starke County. Source
- Hamlet Police Department / Town of Hamlet Marshal (Starke County, Indiana). Hamlet is a very small town (population a few hundred), so it typically had just one or a few officers rather than a large formal department.
April 18, 1984
- Michael Fosler was working as the Town Marshal of Hamlet, Indiana. Source
- Fosler defended Hamlet deputy town marshal Chat Fletcher during a dispute with Starke County officials over evidence connected to an armed robbery investigation.
- Fosler said he planned to meet with the prosecutor about the matter.
April 20, 1984
- Michael Fosler denied that evidence from an armed robbery investigation had been withheld and said no county police officer knew where the evidence was located until after it was found. Source
- Fosler said Starke County police and other law-enforcement agencies in the county had been cooperating with one another for the good of the county.
- The dispute involved Starke County Prosecutor Steve Morelin’s request for a grand jury investigation into allegations that Hamlet deputy town marshal Chat Fletcher withheld evidence from a robbery investigation.
January 13, 1991
- Michael G. Fosler was involved in a traffic accident at South Michigan and Barbie streets in Indiana. Source
- Fosler was driving south on Michigan when another driver pulled from a private driveway opposite Barbie Street and the vehicles collided.
- Police estimated the damage at at least $5,000.
- The accident was investigated by Cpl. Richard Dewine.
April 20, 1995
- Michael G. Fosler was still listed in Indiana court records. A Sharpsville Town Court note identified “Michael G. Fosler, 37, Hamlet,” in connection with a speeding matter. Source
1995
- Fosler and his family moved from Indiana to Cabot because the Army, his employer at the time, required him to relocate. After retiring, he remained in Cabot for decades. Source
May 2, 2011
- Served as a National Guard as 1st Sgt. Michael Fosler – 1038th Engineer Company Source
January 20, 2022
- MG Fosler Trucking, LLC was filed with the Arkansas Secretary of State as a domestic limited liability company. Michael Fosler was listed as the incorporator/organizer and registered agent, with a principal address in Cabot, Arkansas. The company’s later status was listed as revoked. Source
February 8, 2022
- Federal motor carrier records show Michael Fosler with an original license issue date of February 8, 2022, connected to MG Fosler Trucking LLC. The record lists a Class A Commercial Driver’s License trade type and active status. Source
May 19, 2023
- Federal motor carrier records list May 19, 2023, as the current issue date for Fosler’s Class A Commercial Driver’s License record. Source
June 14, 2023
Spring 2024
- The Spencers’ daughter had been spending time at the home of Leanna Higginbotham, a mutual family connection. Source
- According to Heather Spencer, her daughter was 13 years old when the alleged abuse involving Michael Fosler began. Source
- Heather described her daughter as a quiet home schooled child who was helping care for her dying grandfather during that period.
- Heather said she allowed her daughter to spend time with people she believed were safe and trusted as family.
- Heather later said that during this period, Fosler, who was unknown to the Spencers, began pursuing the child and communicating with her by text.
June 1, 2024, through July 5, 2024
- The Spencers’ daughter had been spending time at the home of Leanna Higginbotham, a mutual family connection. Source
- Higginbotham was known to the Spencers as Michael G. Fosler’s girlfriend.
- Michael G. Fosler sexually assaulted and sexually exploited Aaron Spencer’s minor daughter in Lonoke County, Arkansas, according to the charging information filed in State of Arkansas v. Michael Fosler.
- During this period, Fosler used electronic communication to contact, solicit, and arrange contact with her.
- The charged conduct included SA, sexual contact, exploitation, computer child pornography, and possession of material depicting a child.
- This period later became the basis for 43 felony counts filed against Fosler in State of Arkansas v. Michael Fosler
July 2024
- Heather Spencer said the family was informed by a family member that their daughter had disclosed being sexually assaulted. Source
- Heather said she and Aaron immediately asked their daughter what happened.
- According to Heather, their daughter told them that Fosler had assaulted her multiple times.
July 7, 2024
- After learning the information, Aaron Spencer sought Fosler’s name, phone number, and address. Source
- Spencer went to Leanna Higginbotham’s residence because he knew or believed she was Fosler’s girlfriend and wanted Fosler’s contact information.
- Spencer told Higginbotham about the allegations involving Fosler and his daughter.
- Higginbotham later spoke with a family member about the interaction.
- Higginbotham’s family member was a mandated reporter.
- That family member was a mandated reporter and reported the allegations to the Lonoke County Sheriff’s Office.
- Note: The available records do not identify who first told Aaron Spencer or Heather Spencer about the allegations involving Michael Fosler.
The body-camera transcript is labeled with a recording date of July 7, 2024, under the file name “IngramJohn_20240707_1537_BWC2-063602_926fb98.”
The State’s later filing describes the chain of events as beginning on July 8, 2024, when Aaron Spencer went to Leanna Higginbotham’s residence, spoke about the allegations involving Fosler, and asked for Fosler’s phone number and address.
- Later: Law enforcement received a mandated-reporter report involving allegations concerning Aaron Spencer’s daughter. Source
- 3:37 p.m. Law enforcement responded after receiving a mandated-reporter report involving allegations concerning Aaron Spencer’s minor daughter. Source
- Sergeant John Ingram’s body-camera began recording his interaction with Aaron Spencer and Heather Spencer. The recording file name was listed as IngramJohn_20240707_1537_BWC2-063602_926fb98 Source
- Sergeant Ingram told Aaron Spencer that deputies had received a report from a mandated reporter and needed to speak with him about the allegations.
- Spencer asked who the mandated reporter was.
- Sergeant Ingram asked Spencer whether there was any truth to the report.
- Spencer replied, “I don’t know.”
- The Spencers agreed that their daughter would speak with a female officer. Source
- Aaron and Heather Spencer spoke with officers for more than an hour about the family history, the circumstances that led to their daughter interacting with Michael Fosler, and information the child had reported to her mother.
- While waiting for additional officers to respond, the Spencers invited officers to park in the driveway, invited them to sit on the porch, and offered them water.
- Aaron and Heather Spencer completed forms, signed paperwork, answered questions, and cooperated with officers’ requests.
- After nearly an hour, an investigator arrived and explained that another investigator would be assigned to the case, so she would not be speaking with the child that day.
- The investigator interviewed Aaron and Heather Spencer, and the Spencers provided the names, contact information, and details they knew at that point.
- The Spencers agreed to wait for a detective to contact them the following day to schedule an interview with the minor.
- Spencer thanked the officers for coming, and the officers left the residence.
July 8, 2024
- The Spencer family reported allegations involving Michael Fosler and Aaron Spencer’s daughter. Source
- Aaron Spencer and Heather Spencer cooperated with law enforcement, provided information, completed paperwork, answered questions, and brought their daughter for a forensic interview. Source
- The Spencers participated in additional interviews, consented to electronic searches, and provided witness information. Source
July 11, 2024
- Michael Fosler was taken into custody and was charged with 43 felonies. Source
- 3:44 p.m.: Michael G. Fosler was booked into Lonoke County under Booking No. 103486. Source
- The booking record listed Fosler as 66 years old, male, white, 72 inches tall, and from Cabot, Arkansas.
- The listed charges were rape and internet stalking of a child.
July 12, 2024
- Fosler appeared before a judge. Source
- A $50,000 bond was set.
- A no-contact order was entered prohibiting Fosler from having contact with minors.
- The no-contact order did not specifically name Spencer’s daughter.
- The order did not include electronic monitoring, social media restrictions, internet-use restrictions, movement restrictions, reporting requirements, or location restrictions tied to the Spencer home or places where the child might be present.
July 17, 2024
- Fosler posts a $50,000 bond and is released from jail under strict pretrial release conditions, including a mandate to have no contact with any minors.
- After Fosler’s release on bond: Fosler resumed contact with Spencer’s daughter. Source
- Unknown to Aaron and Heather Spencer, Michael Fosler allegedly resumed communication with their daughter about one month after his release on bond. Source
- Fosler continued communicating with the child and others through social media platforms.
- Fosler told the child to keep the communications secret.
- Fosler picked up the child three times between his release from custody and the night of October 7, 2024, without Aaron or Heather Spencer knowing. Source
September 4, 2024
- 1:25:08 p.m. Michael Fosler’s charging information was electronically filed in Lonoke County Circuit Court. Source
- The filing referenced Fosler’s criminal case, 43CR-24-429.
- 3:54 p.m The court entered an order sealing the affidavit in State of Arkansas v. Michael Fosler, Case No. 43CR-24-383, due to the case involving a minor victim. Source
- The order was entered in Lonoke County Circuit Court, Twenty-Third Judicial District, First Division.
September 5, 2024
- 10:00:46 a.m.: Michael George Fosler, through attorney Hubert W. Alexander, filed a motion for discovery in State of Arkansas v. Michael George Fosler, Case No. 43CR-24-429. Source
- The motion requested discovery from the State under the Arkansas Rules of Criminal Procedure and the federal and state constitutions.
- Fosler requested witness names and addresses, any written or recorded statements, expert reports, physical or mental examination results, scientific testing, documents, computer records, photographs, videos, tangible evidence, and any evidence the State intended to use at a hearing or trial.
- The motion also requested Brady material, impeachment evidence, officer notes, prior convictions of possible witnesses, information about inducements or promises to witnesses, and any electronic surveillance or recordings involving Fosler.
- The motion requested search-and-seizure materials, including search warrants, materials used to obtain warrants, inventories, and policies for any inventory searches the State might rely on.
- The filing included a certificate of service stating that it was electronically filed on September 5, 2024, and notice was sent to Deputy Prosecuting Attorney Jill Irwin
October 3, 2024
- In the days before the child left the Spencer residence, Fosler allegedly spent several days persuading her to leave the house and go with him. Source
- Spencer did not know that Fosler had allegedly continued communicating with his daughter after Fosler’s arrest.
- Spencer also did not know that Fosler had allegedly continued victimizing her after his release on bond.
October 7, 2024
- Fosler communicated with Spencer’s daughter before she left the home. Source
- Fosler had spent days persuading the child to leave the residence and go with him.
October 8, 2024
- 12:00 a.m. The child left the Spencer residence.
- Fosler picked the child up near the Spencer home.
- Fosler drove the child to his home in Cabot.
- 1:00 a.m Aaron Spencer woke to the family dog barking. Source
- Spencer checked his daughter’s bedroom because of the prior events involving Fosler.
- Spencer initially believed his daughter was in bed, but then realized the figure in the bed was a stuffed animal dressed in his daughter’s hoodie.
- During the search for the child, Heather Spencer said she learned from her sister-in-law that Michael Fosler had allegedly sent a Cash App payment labeled “DoorDash” to the child and the child’s niece a day or two earlier. SourceHeather said that information caused the family to believe Fosler may have been involved in the child’s disappearance. Source
- The Spencers decided that Heather would call 911 while Aaron began searching the area.
- Around that time, a family member told the Spencers that Michael Fosler had recently contacted the child.
- The Spencers became concerned that Fosler may have taken the child, harmed her, or disappeared with her because she was a critical witness in the pending criminal case against him.
- 1:12 a.m. Heather Spencer called 911 to report that her daughter was missing.
- She told dispatchers that her daughter’s bed had been made to look like she was sleeping, but that she was not in the bed.
- Aaron Spencer left the residence to search for his daughter and Fosler.
- 1:16 a.m. Spencer had a phone conversation with a family member that lasted 1 minute and 39 seconds. Source
- Spencer received text messages during the time period but unanswered
- 1:31 a.m.: Spencer saw Fosler’s white Ford F-150 near Highway 236 East and Highway 31 North. Source
- Around the same time, Spencer placed two separate phone calls to Heather Spencer while continuing to follow Fosler’s truck.
- Fosler turned from Highway 31 North onto Highway 236 East, heading back toward the Spencer residence.
- Spencer turned around and followed Fosler east on Highway 236 East.
- Spencer tried to stop Fosler by flashing his lights and honking his horn.
- Near Highway 236 East and Highway 13 North, Spencer struck the rear of Fosler’s truck.
- Fosler’s truck left the roadway.
- Spencer exited his vehicle with a firearm.
- Spencer ordered Fosler out of the truck and into the ditch.
- Spencer’s daughter tried to exit the passenger side of Fosler’s truck.
- Fosler appeared to stop the child from exiting.
- Fosler exited the truck.
- Spencer stated that Fosler had something in his hand, moved toward him, and said, “fuck you.”
- Spencer fired his weapon.
- Spencer got his daughter out of Fosler’s truck.
- After Aaron Spencer got his daughter out of Fosler’s truck, he called Heather Spencer to let her know their daughter was safe. Spencer did not reach Heather. Source
- 1:34 a.m Spencer returned to his own truck and called 911. Source
- 1:44 a.m. Deputy Miranda Padgett, Deputy Dakota McCranie, and Deputy Tounzen were logged as entering the scene to secure it. Deputy McCranie and Deputy Padgett conducted a felony-style takedown and took Spencer into custody. Source
- 1:45 a.m. Spencer was in custody within minutes of the first deputies arriving.
- Deputies began rendering aid to Fosler.
- 2:00 to 2:01 a.m. The deputy’s body camera recorded the inside of Fosler’s truck and showed A dashcam visible inside the truck, and the dashcam screen appeared to be on or lit. Source
- 2:15 a.m. The crime scene log showed an “out” time for some first responding deputies. Deputy McCranie later testified he did not leave the call at that time and explained the log reflected movement in or out of the secured scene area, not departure from the overall scene.
- 2:23 a.m. Detective Robbie McCain arrived at the scene and became the responsible detective or lead case detective.
- 2:28 a.m. McCain entered the secured crime scene perimeter.
- 2:38 a.m.: Body-camera footage captured McCain inside the secured scene area, with Fosler’s truck visible near him in the body-camera still.
- 2:45 a.m. Sergeant Carla Lucas arrived at or near the scene. Lucas was McCain’s supervisor and the CID sergeant.
- 3:36 to 3:41 a.m.: Lieutenant Giacomo Portale entered the secured scene area. Portale later testified he was at the scene longer than the short log entry reflected. Portale checked with supervisors and investigators at the scene and contacted Prosecuting Attorney Chuck Graham after receiving information about what had occurred.
- Michael Fosler’s vehicle contained a dash camera that captured key events from that night, including Fosler’s route, the child’s presence in the truck, and the encounter between Fosler and Aaron Spencer. Source
- Before the vehicles were towed, the dashcam remained inside Fosler’s truck for hours after first responders arrived.
- Deputies and investigators photographed Fosler’s truck, but the dashcam’s exact position on the windshield was not separately photographed, measured, or sketched before removal.
- The dashcam was mounted near the rear view mirror area.
- The camera had a front-facing lens and a secondary movable lens.
- The camera could record sound.
- 4:13 a.m.: The evidence detail listed Exhibit E85 as a dashcam acquired from Michael Fosler’s windshield by Detective Robbie McCain. Source
- 5:35 a.m.: McCain removed the dashcam from Fosler’s truck as the truck was being prepared for towing. Fosler’s truck was not running, but it still had power in accessory mode. McCain unplugged the dashcam, and the dashcam powered down after it was unplugged. Source
- McCain placed the dashcam into a manila envelope.
- The dashcam envelope was not sealed with tape.
- McCain took the dashcam back to the sheriff’s office.
- Later that morning, McCain took the dashcam to his office, removed the microSD card from the dashcam, placed the card into an adapter, and viewed files on his computer. Source
- McCain later stated he saw four video files.
- McCain described the videos as showing red and blue emergency lights reflecting on a treeline from the front windshield view of Fosler’s truck.
- McCain did not document the removal of the SD card in his report.
- McCain did not photograph the SD card.
- McCain did not record the brand, capacity, identifying numbers, or appearance of the SD card.
- McCain did not create a separate evidence entry for the SD card.
- McCain placed the SD card back into the dashcam and put the dashcam back into the envelope.
- The dashcam remained in McCain’s office instead of being entered into the evidence system.
- 10:28 a.m.: Firearms-related evidence was logged from Aaron Spencer’s person. Detective McCain was listed as the acquiring officer. Source
- 10:31 a.m.: Fourteen unspent rounds from a Glock 19 were entered into evidence. The evidence was tied to Aaron Spencer and placed into processing room intake.
October 9, 2024
- 11:25 a.m.: The Glock 19 unspent rounds were internally transferred. Source
- 1:29 p.m Lonoke County Sheriff’s Office Issues Initial Press Release – Spencer Booked on Class Y Felony Source
- The Public Statement: Following the roadside shooting, the Lonoke County Sheriff’s Office releases an official public press statement detailing their initial response to the incident.
- The Initial Dispatch: The document confirms that deputies were originally dispatched at 1:12 a.m. to a residence on Highway 236 East regarding a missing juvenile, but were updated while en route that the father, Aaron Spencer, had intercepted the minor in a vehicle driven by Michael Fosler.
- The Original Charge: The press release formally announces that Fosler was pronounced dead at the scene and that Spencer was taken into custody and transported to the Lonoke County Detention Center under an initial booking charge of Murder in the First Degree, a Class Y felony (the most severe felony class under Arkansas law, carrying a potential sentence of 10 to 40 years, or life).
- Subsequent Legal Shift: This entry marks the highest legal jeopardy Spencer faced; prosecutors later opted to downgrade the formal grand jury indictment from this initial First-Degree Murder charge to a less severe charge of Second-Degree Murder (a Class A felony) under the final trial docket.
October 10, 2023
- Lonoke County Sheriff John Staley posted a video on the Lonoke County Sheriff’s Office Facebook page. Source
- Warrant and return filed Source
- Heather Spencer posted a public update on Facebook thanking the community for support after the incident. The post said the family had been overwhelmed by the response and was still processing what had happened.
- Heather wrote that the family had received “numerous stories of other victims,” and alleged that Fosler had worked with children and preyed on young girls.
- Heather also wrote that Fosler had been a police chief in Indiana and a resource officer.
- Heather said the family’s GoFundMe had been taken down or reported, and that she was looking for another way for people to help with legal costs.
October 25, 2024
- The formal filing date of the initial search warrant (Case 43SW-24-34) targeting Michael Fosler’s truck and immediate devices (not executed) Source
October 29, 2024
- 11:44:27 a.m. The court entered an order sealing Michael Fosler’s death certificate in State of Arkansas v. Michael Fosler, Case No. 43CR-24-429. Source
- The order was entered in Lonoke County Circuit Court, Twenty-Third Judicial District, First Division.
- The order stated that, after considering the facts and law, the death certificate would be sealed.
- Judge Barbara G. Elmore electronically signed the order.
November 14, 2024
- 10:37 a.m.: Sergeant Carla Lucas transported the dashcam package to the Arkansas Attorney General’s Office. Source
- The forensic request form reflected delivery to Amber Kalmer.
- The dashcam package was delivered with the camera, but the microSD card was later determined to be missing. Source
November 27, 2024
- Aaron Spencer was formally charged in Lonoke County Circuit Court with second-degree murder. Source
- The State also charged a firearm enhancement.
- The criminal case was filed as State of Arkansas v. Aaron Spencer, Case No. 43CR-24-551.
- Public statement: Lassiter & Cassinelli attorneys Erin Cassinelli and Michael Kiel Kaiser issued a public statement after learning that the Lonoke County Prosecuting Attorney had filed a second-degree murder charge against Aaron Spencer, along with a firearm enhancement. Source
- The defense attorneys criticized the charging decision and described Spencer as a decorated combat veteran and father who acted to protect his child.
- The statement alleged that Michael Fosler had continued abusing Spencer’s child after being released on bond and had taken her during the night before the fatal confrontation.
- The attorneys argued that the case reflected broader failures by the justice system to protect the child and said the defense looked forward to Spencer’s day in court.
December 2, 2024
- 9:00 a.m. A court appearance for Aaron Spencer was scheduled at the Lonoke County Courthouse, located at 301 N. Center Street, Lonoke, Arkansas 72086.
- Outside the courthouse, the prosecutor publicly stated that Aaron Spencer would be charged with second-degree murder.
- The statement came before the formal charging information was filed against Spencer in State of Arkansas v. Aaron Spencer.
- 9:15:26 a.m. Erin Cassinelli and Michael Kaiser of Lassiter & Cassinelli entered their appearance as attorneys of record for Aaron Spencer in State of Arkansas v. Aaron Spencer, Case No. 43CR-24-551. Source
- The entry of appearance was electronically filed in Lonoke County Circuit Court.
- The certificate of service stated that the pleading was filed with the clerk and sent through the electronic filing system to all attorneys of record.Michael
- Fosler’s estate was opened for probate. Source
December 4, 2024
- The State requested a gag order because of local, state, and national attention surrounding the case. Source
- The request cited public statements and media coverage.
- 4:40 PM Defense attorney Michael Cantrell emails Trial Court Administrator Deoncia Blair, noting the State just filed its gag order motion and formally requesting 14 days to submit a written response before the Court rules. Source
- 4:41 PM Court Administrator Blair forwards the defense’s request directly to Lonoke County Circuit Judge Barbara Elmore for review.
- 5:01 PM Judge Elmore responds directly via email with a four-word directive: “The Court will sign today.”This denies the defense’s request for response time. Source
- 5:10 PM Court Administrator Blair forwards Judge Elmore’s decision back to defense attorney Erin Cassinelli and the prosecution team, confirming that the gag order has been approved and signed by the judge. Source
December 9, 2024
- Spencer opposed the requested gag order. Source
- Spencer argued that the order would violate his rights to a fair and public trial and his free-speech rights.
- Spencer requested a public hearing.
December 10, 2024
- The circuit court entered a gag order without first holding a hearing. Source
- The order restricted public statements by the parties, attorneys, law enforcement, witnesses, public officials, Spencer, and Spencer’s family.
- The order also sealed the case.
- Judge Barbara Elmore issued an order to abate State of Arkansas v. Michael Fosler, Case No. 43CR-24-429, due to Fosler’s death.
- The order ended the pending criminal case against Fosler, which had charged him with 43 felony counts. The September 4, 2024 charging information listed 2 counts of internet stalking of a child, 2 counts of fourth-degree sexual assault, 2 counts of sexual indecency with a child, 1 count of computer child pornography, and 36 counts of pandering or possession of material depicting a child.
February 2, 2025
- Spencer filed a petition with the Arkansas Supreme Court challenging the gag order. Source
- The petition asked the higher court to vacate the order.
February 12, 2025
- The State files its response to Spencer’s petition.
April 7, 2025
- Firearms-related evidence returned from the crime lab. Source
April 8, 2025
- 4:46 p.m.: The firearms-related evidence was checked back into evidence. Source
May 29, 2025
- The Arkansas Supreme Court vacated the gag order. Source
- The court found the order overly broad, vague, and unsupported by sufficient factual findings.
- The ruling did not prevent the circuit court from considering a narrower order later if supported by evidence.
June 2025
- After sitting unprocessed for eight months, Fosler’s and Aaron Spencer’s vehicles are finally given a full forensic search.
June 5, 2025
- After the Arkansas Supreme Court vacated the gag order, the State emailed defense counsel a document connected to Fosler’s bond order. The defense later argued the document had not previously been produced with the rest of Fosler’s case materials.
- The defense later argued the document lacked a file mark, was barely legible, lacked a case number, and did not appear on the public docket.
June 17, 2025
- Kyle E. Burton, Clerk of the Supreme Court, officially signs and seals the mandate reflecting the court’s judgment.
June 20, 2025
July 3, 2025
- Chief Deputy Prosecutor John Huggins emailed defense counsel about the dashcam from Fosler’s truck. Source
- Huggins wrote that Detective Robbie McCain had removed the microSD card, reviewed the video files, and said the files appeared to show events after the incident with blue lights in the background.
- Huggins wrote that the dashcam unit and SD card were sent to the Attorney General’s Office for forensic examination, but the SD card later “came up missing.”
- Huggins also wrote that LCSO had been searching desks in CID for months trying to locate the card.
- In a follow-up message, Huggins wrote that they were “pretty sure” the SD card was knocked out of the camera in transit to the Attorney General’s Office, but that no one knew for certain.
- McCain later testified that early July 2025 was when he learned the SD card was missing. Source
- McCain notified Sergeant Lucas and Lieutenant Portale.
- McCain searched his office and other possible locations.
- Sergeant Lucas’s vehicle was also searched.
- The SD card was not found.
July 8, 2025
- 3:19 p.m.: Additional items from Fosler’s truck were acquired from the passenger-front dash area near the cigarette-lighter plug-in. Source
- 3:37 p.m.: The items were placed into processing room intake.
July 21, 2025
- 9:33 a.m.: The additional items from Fosler’s truck were internally transferred. Source
Summer 2025
- Fosler’s truck and Spencer’s truck were inventoried months after the shooting. Source
- Additional electronic items and SD cards were found during the later inventory.
October 2025
- Spencer launched a campaign for Lonoke County sheriff while awaiting trial. Source
- Spencer stated publicly that the campaign was connected to failures he believed existed in the justice and law enforcement systems.
October 16, 2025
- 12:13 p.m.: The dashcam was entered into the evidence system. Source
- The evidence detail listed the dashcam as acquired from Michael Fosler’s windshield.
- The evidence system assigned the dashcam item number E85, placing it near the end of the evidence list instead of with the original scene evidence.
- 12:29 p.m.: The dashcam was internally transferred.
- 12:35 p.m.: The dashcam was checked out to Special Agent Amber Kalmer.
- The evidence detail included a note stating “SENT TO AG OFFICE 10/14/2024.”
- 2:16 p.m.: The dashcam was checked back in from the Attorney General’s Office.
- 2:17 p.m.: The dashcam was internally transferred again.
- Sergeant Lucas later testified that the November 14, 2024 forensic request form reflected the actual delivery date and that the October 14 entry was wrong. Source
October 2025
- 3:59 PM (Delayed Warrant): An entire year after the shooting, a search warrant for Fosler’s electronic devices is finally executed. Source
- Investigators seize multiple computers and hard drives, most of which remain unprocessed. The physical dash camera is finally officially logged into evidence.
November 14, 2025
- 10:53:25 a.m. The defense filed a reply to the State’s response to Spencer’s motion in limine to exclude evidence. Source
- The filing stated Spencer was charged with second-degree murder in Fosler’s death.
- The filing stated Spencer had asserted justification defenses under Arkansas Code Annotated §§ 5-2-607 and 5-2-604.
November 25, 2025
- The defense filed a motion related to the dashcam, the missing SD card, and requested relief involving loss or destruction of evidence. Source
- The issue focused on whether the missing SD card contained potentially important video or audio evidence from inside or outside Fosler’s truck.
December 2, 2025
- Detective Robbie McCain signed an affidavit about the dashcam. Source
- McCain stated he removed the dashcam from Fosler’s truck while the truck was being towed.
- McCain stated he removed the microSD card, inserted it into an adapter, connected it to his computer, and saw four video files.
- McCain described the first three files as 15-minute files and the fourth file as shorter.
- McCain stated the files showed a forward-facing view from Fosler’s truck.
- McCain stated he later learned from Amber Kalmer that the SD card was not inside the dashcam when the Attorney General’s Office received it.
- McCain stated he searched the LCSO CID office and Sergeant Lucas’s vehicle.
- The SD card was not found.
December 3, 2025
- The State filed a response addressing the defense motion involving the missing dashcam SD card. Source
December 4, 2025
- Defense investigator Jason Stachey visited the Lonoke County Sheriff’s Office to examine physical evidence in State v. Aaron Spencer. Source
- McCain, Lucas, and Portale were present.
- Stachey examined Fosler’s dashcam.
- Stachey tested the dashcam with a blank SD card.
- The dashcam created separate folder structures for front-facing and rear-facing recordings.
- The camera created DCIMA and DCIMB folders.
- The camera recorded video and sound.
- The test results raised questions about McCain’s description of four 15-minute videos in a single folder.
December 10, 2025
- Jason Stachey signed an affidavit about dashcam testing and evidence-handling issues. Source
- The affidavit documented that the dashcam’s original windshield position was not photographed, measured, or sketched before removal.
- The affidavit documented that the dashcam mount was broken during removal.
- The affidavit stated that the SD card was not photographed, marked, separately logged, or tracked after removal from the camera.
December 17, 2025
- Pretrial proceedings began in State v. Aaron Spencer. Source
- The hearing addressed trial issues, evidence issues, and pretrial motions.
- The court addressed whether the jury would hear expert testimony related to grooming, manipulation, and abuse dynamics.
- The court stated that the trial would not become a trial of Michael Fosler.
- The court ruled against the defense request to present certain expert testimony.
- The defense raised concerns about late-disclosed State expert material involving cell-phone and tower evidence.
- The court ordered the hearing to proceed.
December 18, 2025
- The pretrial hearing continued. Source
- The hearing focused heavily on the missing dashcam SD card.
- Deputy McCranie testified that he saw the dashcam in Fosler’s truck and notified McCain.
- the dashcam screen was on or lit.
- McCranie testified that deputies generally turned body cameras off when CID arrived, although he did not believe that practice was reflected in written policy.
- Sergeant Lucas testified McCain told her about the dashcam after they returned to the sheriff’s office.
- she believed the SD card was in the camera when she transported the dashcam to the Attorney General’s Office.
- the dashcam envelope was closed with the clasp but not sealed with tape.
- the evidence log showed the dashcam was not entered into evidence until October 16, 2025.
- Lucas acknowledged that waiting a year to enter evidence would not be policy.
- McCain testified he did not photograph the dashcam before removing it from Fosler’s truck.
- he removed the SD card before the dashcam was checked into evidence.
- that he did not document the SD card removal.
- he did not document his review of the files.
- he did not document the loss of the SD card.
- McCain acknowledged that those events should have been documented.
- Digital-forensics witness Brandon Purchase testified after testing the dashcam.
- the dashcam automatically records when powered on with an SD card inserted.
- the camera creates separate folders for front and rear cameras.
- he could not make the camera create a 15-minute video.
- the dashcam records sound.
- the SD card locking mechanism worked and that the SD card did not fall out during testing.
- Purchase testified his testing was not consistent with McCain’s description of the files he claimed to have seen.
- Lieutenant Portale testified that evidence should be entered into the evidence system within a reasonable time after collection.
- it would not be consistent with policy to enter a piece of evidence a year later and then enter prior transfers.
- Portale testified that McCain should have documented the dashcam removal, SD card removal, SD card review, and loss of the SD card.
- no disciplinary action had been taken against McCain related to the dashcam issue.
- The parties stipulated that Amber Kalmer received the package containing the dashcam from Fosler’s truck.
- Kalmer opened the package and found the dashcam.
- The SD card was not inside the package.
- Kalmer searched for the SD card, but it was not found.
January 5, 2026
- The court reporter certified the transcript of the December 17 and December 18, 2025 pretrial proceedings. Source
January 13, 2026
- 3:52 p.m.: The amended criminal information was electronically filed in Lonoke County Circuit Court. Source
- The amended criminal information remained in Case No. 43CR-24-551.
- The court entered an order limiting courtroom occupancy and restricting recording devices, phones, Apple Watches, iPads, recorders, cameras, and similar devices. Source
- The order capped courtroom occupancy and limited public and media attendance.
January 16, 2026
- 8:04:08 p.m.: The defense filed a brief in support of judicial recusal. Source
- The defense argued that the court’s comments, conduct, restrictions on public access, limits on defense advocacy, and handling of proceedings created a reasonable appearance of partiality.
- The defense cited the closed arraignment, the gag order, public-records disputes involving Fosler’s bond, scheduling disputes, December 2025 pretrial conduct, courtroom security, public access restrictions, and the January 13, 2026 courtroom occupancy and electronics order.
- The defense asked the judge to recuse and requested reassignment to another judge.
- 9:57:44 p.m.: Aaron Spencer filed an emergency petition for writ of certiorari and other relief with the Arkansas Supreme Court in Case No. CR-26-38. Source
- The petition asked the Arkansas Supreme Court to vacate a January 13, 2026 order entered by the Lonoke County Circuit Court.
- Spencer argued that the January 13 order operated as a de facto courtroom closure because it sharply limited public and media attendance and did not provide an alternative way for the public to observe the proceedings.
- Spencer argued that the order violated his Sixth Amendment right to a public trial and the First Amendment rights of the public and press because it was entered without evidence, a hearing, findings, or consideration of alternatives.
- Spencer also asked the Arkansas Supreme Court to exercise its superintending authority and reassign the case to a different circuit court judge.
- The petition stated that emergency consideration was requested because Spencer’s jury trial was scheduled to begin on January 26, 2026, leaving insufficient time for ordinary review before trial.
- The petition identified Judge Barbara Elmore as the circuit judge in the underlying Lonoke County Circuit Court case, State of Arkansas v. Aaron Spencer, Case No. 43CR-24-551.
- The petition stated that Spencer was charged by amended felony information with second-degree murder and a firearm enhancement in the shooting death of 67-year-old Michael Fosler.
- The petition summarized the background of the case, stating that Fosler had been arrested in July 2024 on numerous offenses involving Spencer’s teenage daughter, released on bond, and later charged with 43 felony counts.
- The petition stated that on October 8, 2024, Spencer and his wife woke after hearing the dog barking, realized their daughter was gone, called police, and Spencer left in his truck to search for her.
- The petition stated that Spencer located Fosler’s truck with his daughter inside, forced the truck off the highway, and called 911 after the altercation to report that he had shot Fosler.
January 22, 2026:
- Judge Elmore explicitly denies the defense’s motion to voluntarily step down, announcing she intends to move forward and preside over the scheduled trial.
- A supplemental exhibit related to a joint motion for order appeared in the case file. Source
January 23, 2026
- Just four days before jury selection is set to begin, the Arkansas Supreme Court overrides Elmore.
- The high court forces her removal from the case, stays (halts) the impending January 26 trial indefinitely, and vacates all her controversial courtroom restrictions.
January 2026
- Spencer’s January trial setting was delayed. Source
- The delay followed the removal of the original judge from the case.
January 27, 2026
- The state Supreme Court officially assigns Retired Circuit Judge Ralph Wilson to take over the high-profile second-degree murder case.
March 3, 2026
- Spencer won the Republican primary for Lonoke County sheriff. Source
- Spencer defeated incumbent Sheriff John Staley with more than 53 percent of the vote.
- Spencer advanced to the November 2026 general election against Democrat Brian Mitchell Sr.
April 20, 2026
- 3:09:03 p.m. The December 17 and December 18, 2025 pretrial transcript was electronically filed in Lonoke County Circuit Court. Source
April 30, 2026
- A pretrial hearing was scheduled in State of Arkansas v. Aaron Spencer. Source
- At a critical pretrial hearing, Judge Wilson sides broadly with Spencer’s defense team, agreeing to reverse and amend several restrictive evidentiary and procedural mandates previously enforced by Elmore.
May 21, 2026
- 4:59:25 p.m.: Aaron Spencer filed a brief in support of his motion to dismiss for an alleged due-process violation, or alternatively, for a spoliation instruction. Source
- The defense argued that the missing dash camera from Michael Fosler’s truck was the “single most important” objective evidence in the case because it may have captured audio and video relevant to justification, aggression, escalation, and Spencer’s reasonable fear.
- The defense argued that no comparable evidence existed to replace the missing dashcam footage because it would have been the only neutral, contemporaneous recording of the events immediately before the shooting.
- The filing stated that officers knew the dashcam was potentially important when they arrived because 911 calls and scene information indicated that Spencer had found his daughter in Fosler’s truck before the shooting.
- The defense argued that body-camera footage showed the dashcam screen illuminated inside Fosler’s truck, and that deputies and detectives, including McCranie and McCain, looked at or around the truck while the dashcam was visible.
- The defense argued that Detective Robbie McCain delayed collecting the dashcam, kept it in his office, removed and reviewed the SD card without documenting the handling, and later the SD card was reported missing.
- The defense argued that the missing dashcam footage would have been relevant to whether Fosler fled with Spencer’s daughter, whether Spencer attempted to stop the truck, whether Fosler behaved aggressively, and whether Spencer reasonably feared for himself and his daughter.
- The defense challenged McCain’s later description of the dashcam footage, arguing that his account did not match the way the dashcam operated, including the number and length of files the device could create.
- The defense argued that the camera could record audio and video from two cameras at the same time, one facing forward and one facing toward the rear or interior of the truck.
- The defense argued that law enforcement’s handling of the dashcam showed bad faith, including alleged policy violations, failure to document the evidence, failure to log it into evidence, failure to photograph the SD card, and failure to preserve or disclose the missing evidence issue in a timely way.
- The defense argued that the dashcam was not logged into evidence until October 16, 2025, more than a year after it was recovered, and that the log made it appear as though the dashcam had been sent to the Attorney General’s Office earlier than it actually had been.
- The defense asked the court to dismiss the case or, if the court declined dismissal, to give the jury a spoliation or missing-evidence instruction.
June 4, 2026
- Murder charge against Aaron Spencer dismissed, Source
- The court found that law enforcement failed to properly preserve a dash camera and its SD memory card recovered from Michael Fosler’s truck after the October 8, 2024 incident. The judge concluded the evidence was potentially exculpatory and that the State acted in bad faith regarding its handling.
- Among the findings cited by the court:
- The dash camera was removed from the truck without documenting its original position.
- The SD card was removed and viewed before being submitted for forensic examination.
- The SD card was not photographed, separately documented, or properly logged into evidence.
- The dash camera itself was not logged into evidence for more than a year after being seized.
- The Arkansas Attorney General’s Office reportedly received the dash camera without the SD card.
- The court found the SD card had been lost or destroyed.
June 22, 2026
- Trial was scheduled to begin in State of Arkansas v. Aaron Spencer.
- Spencer remained charged with second-degree murder and a firearm enhancement. Source
- The missing dashcam SD card remained one of the major pretrial evidence issues.
Records
Michael G. Fosler
Town Marshal’s office in Hamlet, Indiana