Arkansas dad accused of killing man found with missing daughter could use self-defense, 'heat-of-passion' legal strategies: expert
Aaron Spencer, the Arkansas father accused of shooting Michael Fosler dead when he found his missing daughter in Fosler's car, will likely avoid first-degree murder charges in the killing, attorney Brian Claypool says.
Defense lawyers for an Arkansas father accused of fatally shooting his 14-year-old daughter's suspected stalker will likely get charges against him reduced, according to an expert.
Aaron Spencer, 36, reported his daughter missing last Tuesday, and Lonoke County Sheriff's Office deputies were dispatched to his home. But on their way they learned that Spencer had found his daughter in 67-year-old Michael Fosler's car and that the father had shot the other man dead in the ensuing confrontation.
Spencer was arrested on a preliminary charge of first-degree murder, a Class Y felony, and booked into Lonoke County Detention Center. He was released the next day after posting bond.
Spencer's wife, Heather, wrote on Facebook that Fosler had a "no contact" order with her daughter for stalking and raping the 14-year-old over the summer and that she and her husband feared Fosler might kill her. Before the confrontation on Tuesday, she said, she and her husband were unaware that Fosler was again in contact with the minor.
ARKANSAS FATHER ARRESTED AFTER ALLEGEDLY KILLING MAN HE FOUND WITH HIS MISSING 14-YEAR-OLD DAUGHTER
Aaron Spencer is accused of killing a man suspected of preying on his daughter. (Lonoke County Detention Center)
"We absolutely called 911 during the entire event," she wrote. "We had no idea this man was in contact with our child again. He was waiting 6-9 felonies for what he did, not 2. He was looking at the rest of his pathetic life in jail, and our daughter was the only witness."
Spencer's wife could not be reached for comment.
Lonoke County Sheriff John Staley told USA Today that Fosler was arrested by another agency in July on charges of stalking a child and sexual assault and that Fosler was released after posting $50,000 bond.
The sheriff said his department is investigating the shooting.
"When we get on scene and there's a homicide, it means one person took the life of another," Staley told the outlet. "It's either justified or not justified. That's what the fact finding, that's what the investigation is going to find out."
The Lonoke County Prosecuting Attorney's Office could not be reached for comment.
Brian Claypool, a California-based attorney who has worked on child sexual abuse cases, told Fox News Digital that if Spencer is charged with first-degree murder, his attorneys have several arguments that could significantly reduce – or even eliminate – potential time behind bars.
"Aaron Spencer's legal team will clearly argue what's called a heat of passion. That is a defense in the state of Arkansas. And what that really means is that Spencer committed the alleged murder in the midst of an emotional disturbance," Claypool said on Monday.
"Heat of passion reduces a charge of first-degree or second-degree murder down to manslaughter," Claypool continued. "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."
The timeline of the shooting, which Lonoke investigators are piecing together, will play a significant role in this defense, Claypool said.
"Hypothetically [if Spencer] went out and grabbed dinner for a couple of hours, went to the movies, then five hours later showed up and shot Fosler [after finding out that he was with his missing daughter], he might have a harder time arguing heat of passion," he said.
Claypool said Spencer's attorneys could also argue that their client shot Fosler in self-defense, which could negate murder charges entirely.
"Most self-defense laws throughout the country require the person who uses deadly force to be in imminent fear of grave bodily harm to either themself or a family member," Claypool explained.
Sheriff John Staley said Aaron Spencer has not been formally charged and that prosecutors would decide which charges to file. (Google Maps)
"Spencer is going to argue, ‘I [was] terrified [and] I want[ed] to make sure my daughter lives this for another day. I had to shoot this guy, Fosler, before he harmed my daughter,’" Claypool said. "The other way is if the facts unfold to show that, for example, Fosler made a move toward Spencer and that Foster had some kind of weapon or made a threat toward Spencer or threatened to harm his daughter, say, 'Hey, I'm going to kill your daughter if you try to get me.' Then, arguably, Spencer at that moment can use lethal force and kill."
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Lonoke County Sheriff John Staley said the investigation is ongoing. (Lonoke County Sheriff's Office Facebook page)
How law enforcement reacted to the Spencer family's calls for help should be scrutinized before trial, Claypool said.
"We need to have a separate investigation done in the shooting," he said. "If a whole day has gone by and the Spencer family has communicated to law enforcement, 'Hey, she's with a guy that's been charged with raping her,' he's going to go to trial for that … we need an explanation across the community and the country as to what then took place.
"Where was law enforcement dispatched to try to find her? How much time went by? What efforts were made to try to find this 14-year-old girl?"
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