June 22, 2026

A Father’s Stand: The Case of Aaron Spencer

A Father’s Stand: The Case of Aaron Spencer

A 2-Part Podcast Series In the early morning hours of October 8, 2024, Aaron Spencer woke up to every parent’s worst nightmare: his 13-year-old daughter was missing from her bedroom. What he discovered next would thrust this Arkansas father, husband,...

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Season 1
A 2-Part Podcast Series
In the early morning hours of October 8, 2024, Aaron Spencer woke up to every parent’s worst nightmare: his 13-year-old daughter was missing from her bedroom. What he discovered next would thrust this Arkansas father, husband, and Army combat veteran into a national firestorm. Spencer found his daughter inside the truck of 67-year-old Michael Fosler — the man already facing 43 felony charges for SA. and other charges. Fosler had been released on bond despite the severity of those charges. Spencer forced the vehicle off the road during a desperate confrontation.

When it was over, Fosler was dead, and Spencer was on the phone with 911. Instead of being treated as a father who acted to protect his child, Spencer was charged with second-degree murder. What followed was a high-stakes legal battle filled with explosive twists: allegations of missing dashcam evidence from Fosler’s truck, a lead detective terminated for policy violations, claims of misconduct, and growing questions about whether the system was more focused on prosecuting the father than protecting the victim.

Timestamps:
06:18 Arkansas Roots
18:46 Assault Allegations
23:26 Weak Bond Release
26:54 Early Morning Pursuit
35:17 The Charges Unfolds
39:26 Courtroom Battles
47:25 Sheriff Campaign

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WEBVTT

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It's just after one am on October eighth of twenty

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twenty four, and it's quiet in Lonoke County, Arkansas. And

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then a dog starts barking. A father wakes up in

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the dark. He walks down the hallway to check on

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his teenage daughter. Her bed is empty. In her place

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a stuffed animal with a hoodie draped over it, obviously

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placed there to fool him into believing his daughter was

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still asleep in that bed. His wife jumps into action.

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She calls nine to one one and her voice is

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shaking as she reports her daughter missing. But the father

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doesn't wait. He grabs his keys, jumps in his truck,

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and drives into the night, searching the dark road around

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their home. Minutes later, he spots a vehicle he recognizes.

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Inside that vehicle his thirteen year old daughter, and behind

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the wheel a sixty seven year old man by the

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name of Michael Fossler, the same man who just months

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earlier had been charged with forty three felonies for sexually

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abusing that very child. Fossler was out on bond. He

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was under court order to stay away from miners, including

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this girl. The father forces the vehicle off the road

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an altercation follows in multiple shots or fire. Then the

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father picks up his own phone and calls nine to

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one one. He tells the dispatcher he just shot a

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man who was with his daughter. That father's name is

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Aaron Spencer, a US Army veteran, a husband of more

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than twenty years, a father of two, and a man

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who until that night had lived a quiet life working

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as a contractor and raising his family in Lanoke County, Arkansas.

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The man he shot and killed was Michael Fossler, the

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man prosecutors say had raped, groomed, and exploited Spencer's daughter.

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Fast forward to June fourth of twenty twenty six and

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Special Circuit Court Judge Ralph Wilson Junior dismisses the second

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degree murder charge against Aaron Spencer. The ruling came weeks

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before his trial was set to begin. The judge cited

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due process violations and the loss of critical evidence, specifically

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a dash camera memory card from Michael Fossler's truck that

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law enforcement failed to properly preserve. This case has gripped

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Arkansas and drawn national attention, and now it's over. But

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that story is far from finished, because while he was

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fighting those charges, Aaron Spencer did something almost unthinkable. He

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ran for sheriff of Lenoke County against the very sheriff

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whose office had arrested him. And in March of twenty

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twenty six, in a stunning upset, he wins the Republican

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primary with more than fifty three percent of the vote,

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defeating a thirteen year incumbent. And now he is the

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Republican nominee in November's general election. A man once charged

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with murder could soon be the top law enforcement officer

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in his county. This is the story of Aaron Spencer.

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It is a story about a father who says he

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did what any parent would do when the system failed

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to protect his child. It is a story about the

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limits of self defense and the demands of the rule

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of law. It is a story about a justice system

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being scrutinized, from bond decisions for accused child predators to

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the handling of evidence, to judicial accountability. And it is

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a story about a community that, at the ballot box

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appeared to render its own verdict on whether Aaron Spencer

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should lead them. I'm Jim Chapman, and i am going

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to bring you a deep dive into this case not

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to sensationalize the tragedy, but to understand it. We will

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examine the facts from court records, public statements, election results,

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and official documents. We will walk through Aaron Spencer's life,

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from his early years in the mountains of Washington State,

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through his military service to the family life that he

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built in Arkansas. We will reconstruct the night of October eighth,

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twenty twenty four in detail, and the legal battle that followed,

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the arrest, the charges, the court controversies, the dramatic dismissal,

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and we will look at what comes next, the November election,

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and the broader questions this case raised for every parent,

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every community, and every citizen who believes in both justice

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and accountability. It involves competing claims about what happened in

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those final moments on a dark road, and it involves

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deeply held beliefs about when a parent has the right

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or the duty to act when they believe their child

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is in imminent danger. Throughout this episode, I will present

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the facts as they are known from public record, and

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we're going to start at the very beginning, long before

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that October night, long before the campaign signs went up,

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long before the court room battles. We're going to go

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back to where Aaron Spencer's story really starts, in the

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mountains of Washington State, where the values that will one

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day define him were first forged. This is a father's

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stand the case of Aaron Spencer. So I'm going to

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take you to the mountains of Washington State because this

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is where Aaron Spencer's foundation was laid, the values that

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will one day define him and ultimately put him at

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the center of a national story. Now, I'll be honest

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with you. Detailed public information about Aaron Spencer's childhood, it's limited.

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He's not done any long form interviews about his earliest years,

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and that's completely understandable. Some chapters of a man's life

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are meant to remain private, especially when he's raising a

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family and trying to protect the people he loves the most.

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But from everything he has shared publicly through his campaign website,

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his statements, and the way he described his own roots,

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a clear and consistent picture can be seen. In my view,

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It's a picture of a boy raised in the mountains

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with a strong moral foundation, a foundation built on faith,

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hard work, respect for the law, in a deep love

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for country. In the mountains of Washington. They were daily realities.

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So picture this tall pine trees, rugged terrain, communities where

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people still believe that your word is your bond, and

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that looking out for your neighbor isn't an option, it's

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a way of life. In places like that, children learn

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early that life doesn't hand you anything. You work for it,

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you earn it, and when something threatens your family or

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your community, you don't wait for someone else to fix it.

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You step up. It teaches self reliance, but it also

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teaches responsibility. It teaches you that strength isn't about muscle,

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it's about character, and it teaches you that protecting the vulnerable,

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especially the people that depend on you, that's really the

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highest calling a person can have. Those lessons would stay

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with Aaron Spencer and they would become a part of

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who he is to this very day. So it was

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from those mountain roots that Aaron made a decision that

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would change the whole trajectory of his life. He would

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join the US Army and become an airborne veteran. Now,

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airborne service isn't just another job in the military. It's calling.

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Demand's courage, discipline, and the willingness to jump out of

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a perfectly good airplane into unknown territory. It requires a

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unique form of mental toughness, the ability to stay calm

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when everything around you is chaos, and to trust the

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people on your left and the people on your right

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with your life. Now, for Aaron, that experience didn't end

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when he took off the uniform. The values of airborne service, duty, honor,

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and an unbreakable commitment to protecting others that became woven

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into the very fabric of his civilian life. If you've

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ever spent time with veterans, they will all tell you

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that the military doesn't just teach you how to fight.

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It teaches you how to lead. It teaches you how

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to serve, and it teaches you how to carry responsibility

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even when it's heavy. And Aaron would carry those lessons

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forward throughout his life. Now, after his time in the army,

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he faces the same question every veteran eventually faces, what

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comes next? And for Aaron, the answer was Arkansas. His

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wife was an Arkansas native from Cabot, a town in

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Lonoke County. They've been married for more than twenty years now,

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and together they've made a deliberate choice to build their

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life and would eventually raise two children in that very community.

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Aaron didn't just move there for convenience or on a whim.

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He put down roots. And I want you to consider

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what that decision really means. Young veteran fresh from service,

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choosing to start over in a new state with the

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woman he loves, choosing the slower pace of rural Arkansas

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over whatever opportunities may have existed for him elsewhere. Choosing

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to raise his children in a place where community seemed

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to matter, where faith was still central for many families,

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and where a man can still make a living with

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his hands and his word. Now this choice, to me,

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it tells me something important about Aaron Spencer. It tells

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me Aaron values stability, he values family, and he values

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building something that lasts. So in the years that followed,

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Aaron and his wife they created the kind of life

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that many people dream about but few actually achieve. They

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have a strong marriage, a home, two children, and a

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deep sense of purpose. Aaron works as a general contractor

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and a farmer. And that's important to understand. This isn't

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a man who sat behind a desk pointing fis in

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giving orders. This was a man who got his hands dirty,

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literally framing houses, pouring concrete, working his land, providing for

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his family through sweat and skill and long days that

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start before the sun even comes up. There's a certain

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kind of dignity in that kind of work. It teaches

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you patience, teaches you problem solving, and it teaches you

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that when something breaks, you don't just complain about it.

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You figure out how to fix it. Those early years

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in Linote County, they were the quiet years, the building years,

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the years when Aaron Spencer was simply a husband and

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father trying to do right by his family. And Aaron

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and his wife would raise their children with the same

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values he had learned growing up in Washington, faith or work,

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respect for the law, and love of his country. They

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would teach their kids that family protects its own, that

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your word matters, and that you show up when it counts.

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Now really should have sit with that for a minute.

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Before any of the headlines, before any of the charges,

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before the campaign signs, and before the national attention, Aaron

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Spencer was living an ordinary but meaningful American life. He's

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the kind of man that coached little league or helped

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a neighbor fix offense, the kind of man who went

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to work every day so his kids could have what

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they needed. The kind of man who believed that being

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a father meant more than just providing. It meant protecting.

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That protector instinct didn't just suddenly appear on October eighth

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of twenty twenty four. It had been developed for decades.

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It started out in the mountains of Washington, it was

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sharpened in the army, and it was lived out every

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single day in Lenok County, where a husband and father

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worked hard, loved his family fiercely, and believed without question

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that his most important job was keeping his children safe

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in a world that doesn't always feel safe. Now. Lot

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of time thinking about this part of the story while

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preparing for this episode, because when we only see people

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through the lens of their worst day or their most

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controversial moment, we can miss who they actually are. Aaron

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Spencer wasn't born a headline. He was born a son.

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He became a soldier, he became a husband, he became

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a father, and every single one of those roles carries expectations.

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And as a father, the expectation was simple but a

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huge responsibility. Keep your children safe, provide for them, teach

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them right from wrong, and when danger comes real, immediate,

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terrifying danger. You don't get to hesitate. As a father

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of free I can attest to this. It's something hard

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to describe, but you can feel it deep down in

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your soul when you're a father. Now, in Aaron's case,

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that expectation, in that duty, it was tested in ways

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most of us will never have to face. But the

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foundation for how he would respond to it was laid

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long before that test would ever come to pass. It

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was waiting quietly, steadily for the moment when everything would

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change for Aaron and his family. So, Aaron and his wife,

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they had been married for more than twenty years by

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the time twenty twenty four ribbed, and that's a significant

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milestone in any marriage, but especially in today's world. Twenty

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years of choosing each other through the good seasons and

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the hard ones, twenty years of building trust, raising children together,

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and creating a home that felt Say, they were in

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Lenoke County, his wife's hometown, and I want to hammer

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down this wasn't a temporary stop. This is where they

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chose to live, where they made a decision for their

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children to grow up. And when Aaron would work with

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his hands to for his family. The mornings would start

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out early. Aaron would head to the job sites as

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a general contractor, framing houses, pouring foundations, building things that

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would stand long after he left the property. Or he

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would work the land on their small place, the kind

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of place where you still have room to breathe, where

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your kids can play outside without fear, and where the

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stars at night aren't drowned out by city lights. Country living.

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His wife, She would keep the house running, raising their

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two kids with the same values. They both believed in

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the kind of parenting that doesn't make headlines, but it

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quietly shapes the next generation. They would have two children.

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Their daughter, the one at the center of everything we're

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00:15:43.399 --> 00:15:46.720
going to discuss, was growing up in this environment. By

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twenty twenty four, she was thirteen turning fourteen, the normal

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teenage girl in many ways, navigating friendships in the awkward,

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beautiful years between childhood and young adulthood. Her younger sibling

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was part of the same household, part of the same

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protective world that their parents worked so hard to create.

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And I want you to really feel the contrast here,

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because it matters. This was not a dramatic or chaotic household.

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This was a stable, loving home. A place where the

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00:16:16.279 --> 00:16:19.480
father went to work every day to provide, the mother

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00:16:19.559 --> 00:16:24.159
helped raise and guide the children, where family dinners, routines,

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00:16:24.600 --> 00:16:28.919
church on Sunday, and ordinary milestones of childhood were kind

246
00:16:28.919 --> 00:16:32.679
of the rhythm of life. Aaron Spencer wasn't famous, He

247
00:16:32.840 --> 00:16:36.679
wasn't seeking attention. He was doing what millions of fathers

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00:16:36.720 --> 00:16:41.360
across his country do every single day, showing up, working hard,

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trying to give his kids a better life than he had,

250
00:16:45.120 --> 00:16:48.840
And by every account I have, from public records to

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00:16:48.919 --> 00:16:52.919
his own statements, he took this seriously. Being a father

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00:16:53.159 --> 00:16:56.799
wasn't just one part of his identity, It was central

253
00:16:57.000 --> 00:17:01.600
to his identity. In those later years, that protective instinct

254
00:17:01.840 --> 00:17:04.920
was always present, even if it hadn't yet been tested

255
00:17:05.279 --> 00:17:08.599
in the extreme way it eventually would be. Aaron was

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00:17:08.640 --> 00:17:12.039
the kind of father who paid attention, who noticed when

257
00:17:12.160 --> 00:17:16.000
something fell off, and who believed that keeping his children

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00:17:16.160 --> 00:17:20.319
safe was absolutely non negotiable. Now where they lived, this

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00:17:20.480 --> 00:17:23.759
type of place, This is where people still know their neighbors,

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00:17:23.799 --> 00:17:28.359
where kids ride bikes down quiet roads, where parents don't

261
00:17:28.359 --> 00:17:33.240
expect to have to worry about predators moving freely among them.

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That sense of safety, that illusion that the system would

263
00:17:37.079 --> 00:17:40.039
protect the innocent. Was part of the very foundation they

264
00:17:40.119 --> 00:17:43.680
built their life on, and Aaron respected the law. He

265
00:17:43.759 --> 00:17:46.640
had served his country. He believed in doing things the

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right way. He believed that when someone commits a crime,

267
00:17:50.200 --> 00:17:54.039
especially a crime against a child, the justice system would

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step in, hold the person accountable and keep the victim safe.

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But that belief would haveentially be shattered. Of course, I'm

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going to get to the horrific events that occurred in

271
00:18:05.079 --> 00:18:08.000
twenty twenty four, but it's very important for you to

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00:18:08.119 --> 00:18:11.759
understand that prior to twenty twenty four, those beliefs were

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00:18:11.960 --> 00:18:14.759
very much still intact. It was part of a quiet

274
00:18:14.799 --> 00:18:18.880
confidence that Aaron carried as a father. My children are saved.

275
00:18:18.920 --> 00:18:22.160
The system works. We can live our lives without looking

276
00:18:22.200 --> 00:18:25.240
over our shoulders every single moment. And I'm gonna speak

277
00:18:25.279 --> 00:18:30.319
carefully here because what comes next involves the sexual abuse

278
00:18:30.440 --> 00:18:32.960
of a child, and I'm going to handle this with

279
00:18:33.079 --> 00:18:48.319
the seriousness and respect that it deserves. So the Spencer family,

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00:18:48.440 --> 00:18:51.200
they are living life, and the Spencer's daughter at this

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00:18:51.319 --> 00:18:54.400
point had been spending a lot of time at the

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00:18:54.440 --> 00:18:57.440
home of a family friend by the name of Leanna

283
00:18:57.680 --> 00:19:00.920
Higginbotham and look one thing I'm not gonna do during

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00:19:00.960 --> 00:19:05.200
this particular podcast is identify the victim by name. I'm

285
00:19:05.279 --> 00:19:08.279
just going to refer to her as Spencer daughter. So

286
00:19:08.599 --> 00:19:11.680
Spencer's daughter. She's spending a lot of time with this

287
00:19:11.839 --> 00:19:15.599
family friend. It's the spring of twenty twenty four and

288
00:19:15.640 --> 00:19:19.839
at this point she's thirteen years old. One day Spencer daughter.

289
00:19:20.039 --> 00:19:23.160
She confides in a family member who to my knowledge,

290
00:19:23.160 --> 00:19:27.519
has never been identified, that she was sexually assaulted several

291
00:19:27.640 --> 00:19:30.480
times by a sixty seven year old man by the

292
00:19:30.559 --> 00:19:34.440
name of Michael Fossler. Now, this family member tells mom

293
00:19:34.480 --> 00:19:39.319
and dad, Heather and Aaron Spencer about these sexual assaults.

294
00:19:39.559 --> 00:19:42.000
They go to their thirteen year old daughter. They ask

295
00:19:42.119 --> 00:19:44.839
her about this and she confirms that it's true. Now,

296
00:19:44.880 --> 00:19:48.640
Aaron nor Heather had any idea who Michael Fossler is,

297
00:19:48.880 --> 00:19:51.839
never met him, did not know him, and they only

298
00:19:51.920 --> 00:19:55.400
knew through their daughter that he was supposedly the boyfriend

299
00:19:55.599 --> 00:19:59.720
of that family friend, Leanna Higginbotham. So Aaron Spencer he

300
00:20:00.279 --> 00:20:03.759
to the Higginbotham residence. This is in July twenty twenty

301
00:20:03.759 --> 00:20:07.400
four because he believed she was Fossler's girlfriend and he

302
00:20:07.480 --> 00:20:10.480
wanted to obtain the name, phone number, address, all that

303
00:20:10.559 --> 00:20:14.240
sort of information for this asshole that might have molested

304
00:20:14.279 --> 00:20:18.880
his daughter. Now, rather than providing that contact information, Higginbotham

305
00:20:19.000 --> 00:20:23.240
spoke with a family member about the confrontation, and because

306
00:20:23.319 --> 00:20:28.720
that family member is a mandated reporter, they immediately report

307
00:20:28.759 --> 00:20:33.920
this sexual assault allegation involving Spencer's daughter to the Linoke

308
00:20:34.119 --> 00:20:37.920
County Sheriff's Office. So the Sheriff's office, upon learning of

309
00:20:37.960 --> 00:20:41.240
this information, they head over to the Spencer residence to

310
00:20:41.279 --> 00:20:43.880
get the details on what's going on. And I have

311
00:20:44.240 --> 00:20:48.319
a partial transcript to the bodycam footage from the Sheriff's

312
00:20:48.359 --> 00:20:52.440
office upon encountering Aaron Spencer. I'm not gonna cover this

313
00:20:52.559 --> 00:20:54.960
word for word, but I'm gonna give you the highlights.

314
00:20:55.480 --> 00:20:58.319
So then Linoke County Sheriff's Office they go to Aaron

315
00:20:58.359 --> 00:21:01.880
Spencer's home. This is on July seventh of twenty twenty four.

316
00:21:01.920 --> 00:21:05.799
It's around three point thirty seven pm, and Sergeant John

317
00:21:06.000 --> 00:21:09.519
Ingram and at least one other deputy, which reports would

318
00:21:09.559 --> 00:21:13.839
say is Deputy Brian Duke, they respond to that mandated

319
00:21:13.880 --> 00:21:19.519
reporter's notification about Michael Fossler. Now, initially these officers walk

320
00:21:19.559 --> 00:21:22.119
on to the property, and Aaron Spencer is like, what

321
00:21:22.160 --> 00:21:24.839
are y'all doing poking around my house? And they start

322
00:21:24.960 --> 00:21:28.799
talking to Aaron Spencer about all of this, and he's

323
00:21:28.839 --> 00:21:32.839
a little bit combative and understandably so basically he's trying

324
00:21:32.880 --> 00:21:35.599
to find out who the mandated reporter was, trying to

325
00:21:35.599 --> 00:21:37.920
get a name. They didn't want to give that to him.

326
00:21:38.319 --> 00:21:43.000
But the conversation included some pointy questions from Spencer about

327
00:21:43.079 --> 00:21:47.640
what would happen to Fossler should he go through with

328
00:21:47.799 --> 00:21:51.119
letting them talk to his daughter, et cetera. So officers

329
00:21:51.160 --> 00:21:54.519
explain they have received a report from a mandated reporter

330
00:21:54.599 --> 00:21:59.519
regarding allegations involving Spencer's daughter. Spencer then asked who the

331
00:21:59.519 --> 00:22:03.960
mandated reporter was. When asked whether there was any truth

332
00:22:04.039 --> 00:22:09.119
to that mandated report, Spencer replied, I don't know. Spencer

333
00:22:09.240 --> 00:22:14.640
also shifted to questions about Falslor's likely punishment, saying, what's

334
00:22:14.680 --> 00:22:16.759
going to happen to that man when you arrest him

335
00:22:16.799 --> 00:22:19.880
and prosecute him in this and that three to five years?

336
00:22:20.160 --> 00:22:25.240
What he's just rolling around cruising grooming? So he was upset,

337
00:22:25.559 --> 00:22:30.880
and again understandably so. Spencer referenced another child abuser and

338
00:22:30.960 --> 00:22:34.839
express doubt the system would keep Falslor locked up. He

339
00:22:35.000 --> 00:22:38.640
essentially asked whether that person was going to get back out.

340
00:22:38.799 --> 00:22:41.359
Spencer also asked one of the officers how he would

341
00:22:41.440 --> 00:22:44.039
feel if the same thing happened to his child, and

342
00:22:44.079 --> 00:22:48.039
the officer shockingly responded back that it had happened in

343
00:22:48.119 --> 00:22:52.279
his family. And in response to Spencer's line of questioning

344
00:22:52.319 --> 00:22:56.440
about Fosslor in the system, the deputy stated, hey, man,

345
00:22:56.480 --> 00:22:58.880
we don't live in a country where you can take

346
00:22:59.000 --> 00:23:01.200
the law into your own hands. We need to be

347
00:23:01.240 --> 00:23:05.119
able to handle this. Basically. Spencer responded to that statement

348
00:23:05.200 --> 00:23:08.039
with a cuss word. Basically. Now, I'm gonna tell you

349
00:23:08.519 --> 00:23:12.240
I don't blame Aaron Spencer here. He was very untrusting

350
00:23:13.000 --> 00:23:15.960
right off the bat, but he did come around and

351
00:23:16.000 --> 00:23:19.680
he did agree, Hey, I'm gonna let you speak to

352
00:23:19.759 --> 00:23:23.960
my daughter, and it's got to be a female deputy,

353
00:23:24.039 --> 00:23:27.680
which it was. A female deputy spoke to her, and

354
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the next thing you know. On July eleventh of twenty

355
00:23:31.000 --> 00:23:35.839
twenty four, Michael Fossler is charged with forty three felonies

356
00:23:35.880 --> 00:23:41.160
involving Spencer's daughter. Now, those charges included rape, sexual assault, grooming,

357
00:23:41.319 --> 00:23:45.279
internet stalking, of a child, possession of child pornography. They

358
00:23:45.359 --> 00:23:50.440
represented a very serious victimization of this child. He was

359
00:23:50.480 --> 00:23:53.440
taken into custody and it's off to jail for this guy.

360
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And in my view, here's where the first major failure

361
00:23:57.960 --> 00:24:00.839
occurred in the eyes of not only my but many

362
00:24:00.880 --> 00:24:04.319
others who followed this case. He gets released on bond,

363
00:24:04.839 --> 00:24:09.720
a cash bond to be reportedly fifty thousand dollars. Fifty

364
00:24:09.720 --> 00:24:13.319
thousand dollars. That's it for forty three counts. Now, you

365
00:24:13.359 --> 00:24:16.039
only have to pay twelve percent of that, so that's

366
00:24:16.519 --> 00:24:20.279
a little more than six thousand dollars. I believe that's crazy.

367
00:24:20.440 --> 00:24:23.480
He was also issued a no contact order, which is

368
00:24:23.839 --> 00:24:26.960
a piece of paper. It's not like you can't actually

369
00:24:27.039 --> 00:24:29.720
contact someone. It just means you're going to revoke your

370
00:24:29.759 --> 00:24:32.599
bond if you do that. Man, he was legally required

371
00:24:32.640 --> 00:24:35.440
to stay away from minors, including the child he was

372
00:24:35.480 --> 00:24:38.880
accused of abusing. Now, for the Spencer family and really

373
00:24:38.960 --> 00:24:42.880
everyone close to this case, that decision was incomprehensible and

374
00:24:42.920 --> 00:24:47.319
it was exactly why Aaron was apprehensible about reporting this

375
00:24:47.519 --> 00:24:50.400
in the first place. Their daughter had been harmed by

376
00:24:50.440 --> 00:24:53.559
this man. The charges were serious, and yet he was

377
00:24:53.599 --> 00:24:57.599
allowed back into the community with what many viewed as

378
00:24:57.839 --> 00:25:02.720
minimal restrictions in an o unbelievably low bond amount, and

379
00:25:02.759 --> 00:25:06.480
that bond decision would later become a central point of

380
00:25:06.599 --> 00:25:10.839
anger and debate, not only in Lenoke County, but nationally

381
00:25:10.920 --> 00:25:12.720
as well. And I want to give you a little

382
00:25:12.799 --> 00:25:16.599
history that I found pretty interesting regarding Michael Fossler. He

383
00:25:16.720 --> 00:25:19.960
was actually a lawman and a military man prior to

384
00:25:20.000 --> 00:25:23.680
this occurrence. He was born in Indiana in nineteen fifty

385
00:25:23.720 --> 00:25:26.839
seven and in the early nineteen eighties he had served

386
00:25:26.880 --> 00:25:30.200
as the town marshall for the town of Hamlet, Indiana.

387
00:25:30.359 --> 00:25:33.680
He was also in the National Guard, which in nineteen

388
00:25:33.759 --> 00:25:36.480
ninety five. Of his service in the National Guard would

389
00:25:36.559 --> 00:25:39.960
lead him to move to Cabot, Arkansas. Now in twenty

390
00:25:40.000 --> 00:25:43.039
twenty three, a year prior to his arrest, his wife,

391
00:25:43.160 --> 00:25:46.599
Jane Fossler, would pass due to an illness. So that's

392
00:25:46.599 --> 00:25:49.920
a little background on him. But back to it, Michael

393
00:25:49.960 --> 00:25:53.400
Fossler is out on bond with that no contact order,

394
00:25:53.440 --> 00:25:58.240
but aside from that, just really light restrictions. For example,

395
00:25:58.279 --> 00:26:02.039
he didn't have an ankle monitor, no social media restrictions

396
00:26:02.119 --> 00:26:07.319
or general Internet restrictions, and he was not on house arrest.

397
00:26:07.440 --> 00:26:10.759
It's just mind boggling to me, and it's leniency. So

398
00:26:11.160 --> 00:26:14.599
this would come out later after the incident that occurred

399
00:26:14.680 --> 00:26:17.400
on October eighth of twenty twenty four. But I want

400
00:26:17.440 --> 00:26:20.759
to stay in chronological order with this case, so I'm

401
00:26:20.759 --> 00:26:23.200
going to go ahead and tell you about it now.

402
00:26:23.359 --> 00:26:26.759
It would take less than a month before Michael Fossler

403
00:26:26.799 --> 00:26:30.920
would be contacting this child again via social media apps,

404
00:26:31.400 --> 00:26:34.880
and this thirteen year old girl would actually get picked

405
00:26:34.960 --> 00:26:40.039
up by Fosslor three more times between his arrest and

406
00:26:40.079 --> 00:26:44.359
his death, obviously unbeknownst to the Spencer family. So let's

407
00:26:44.480 --> 00:26:47.720
go to October third of twenty twenty four, and Fosslor

408
00:26:47.799 --> 00:26:51.720
would spend several days attempting to persuade this thirteen year

409
00:26:51.720 --> 00:26:54.400
old girl to leave the house and go with him.

410
00:26:54.599 --> 00:26:57.359
And on the night of October eighth of twenty twenty four,

411
00:26:58.319 --> 00:27:02.480
just after one twelve pm, Aaron Spencer would wake up

412
00:27:02.759 --> 00:27:06.039
to his dog barking, which his dog would never do

413
00:27:06.160 --> 00:27:09.319
this unless there was someone priling around the house or

414
00:27:09.359 --> 00:27:13.400
in the house. Something felt wrong, something felt off to him,

415
00:27:13.519 --> 00:27:16.799
that sixth sense we all have, and he decides to

416
00:27:16.839 --> 00:27:19.839
get up and go check on his daughter, obviously with

417
00:27:19.960 --> 00:27:22.960
everything going on. He peeks into her room and he

418
00:27:23.079 --> 00:27:25.759
sees her sleeping in the bed, but his dog was

419
00:27:25.799 --> 00:27:29.920
still barking now in the daughter's bedroom, so he looks

420
00:27:29.920 --> 00:27:33.640
closer and it's then he discovers she wasn't in her

421
00:27:33.680 --> 00:27:37.000
bed at all, and her place was a stuffed animal

422
00:27:37.079 --> 00:27:39.559
with a hoodie draped over it. It was a decoy

423
00:27:39.680 --> 00:27:42.359
left behind to make it look like she was still sleeping.

424
00:27:42.519 --> 00:27:45.759
His wife immediately calls nine one one to report their

425
00:27:45.799 --> 00:27:49.240
teenage daughter missing, and Aaron, being who the hell he was,

426
00:27:49.559 --> 00:27:52.400
he didn't wait for police to arrive. He grabs his keys,

427
00:27:52.480 --> 00:27:55.720
gets in his truck, and he starts searching the dark

428
00:27:55.839 --> 00:27:59.400
roads around their home in Lenoke County. He pulls out

429
00:27:59.400 --> 00:28:02.359
of the drive way, calls a family member, and he

430
00:28:02.519 --> 00:28:06.079
tells them his daughter is missing. Now. That call lasts

431
00:28:06.359 --> 00:28:09.039
a minute in thirty nine seconds, and there's also a

432
00:28:09.079 --> 00:28:12.240
few texts to Aaron that he doesn't respond to. On

433
00:28:12.319 --> 00:28:15.880
the way, what he would find next would be shocking

434
00:28:16.279 --> 00:28:21.200
and terrifying. Aaron locates Michael Fossler's vehicle. Inside that vehicle,

435
00:28:21.240 --> 00:28:24.599
in the passenger seat was his thirteen year old daughter,

436
00:28:24.759 --> 00:28:27.400
Fossler behind the wheel. Now was the middle of the

437
00:28:27.440 --> 00:28:31.240
freaking night in this sick, twisted, sixty seven year old

438
00:28:31.279 --> 00:28:34.599
man who had already been charged with dozens of felonies

439
00:28:34.599 --> 00:28:38.440
for abusing this child. Here he is alone with her

440
00:28:38.799 --> 00:28:43.039
in his truck. And imagine this father, Aaron Spencer, driving

441
00:28:43.200 --> 00:28:45.839
up on this now at the time he spots the vehicle,

442
00:28:45.880 --> 00:28:49.200
it's traveling down the road in the opposite direction, actually

443
00:28:49.279 --> 00:28:52.839
back toward his house. He starts honking, flashing his lights,

444
00:28:52.960 --> 00:28:55.680
turns around, tries to do anything to get them to

445
00:28:55.720 --> 00:28:58.680
pull over, in complete fear of what this asshole might

446
00:28:58.759 --> 00:29:02.599
do next. And Spencer then realizes he's gonna have to

447
00:29:02.640 --> 00:29:06.039
make a split second decision. There was no time to think,

448
00:29:06.079 --> 00:29:09.559
and this guy wasn't pulling over. His daughter was in danger.

449
00:29:09.839 --> 00:29:12.720
And he does what in the law enforcement world is

450
00:29:12.839 --> 00:29:16.799
known as a pit maneuver, and he forces Fossler's vehicle

451
00:29:16.960 --> 00:29:20.000
off the road. So, according to Aaron Spencer, at this point,

452
00:29:20.039 --> 00:29:23.319
he forces Fosslor out at gunpoint, and when he did,

453
00:29:23.440 --> 00:29:26.319
Fosslor didn't move. He said. He then saw his daughter

454
00:29:26.400 --> 00:29:29.359
try to exit the vehicle, and Fosslor stopped her from

455
00:29:29.359 --> 00:29:32.759
doing so. And he said at that point, Falslor did

456
00:29:32.920 --> 00:29:35.759
exit the vehicle, and when he got out it appeared

457
00:29:35.759 --> 00:29:38.799
he had something in his hand. He then lunges at

458
00:29:38.799 --> 00:29:42.839
Michael and yells quote fuck you as he lunges, and

459
00:29:42.880 --> 00:29:47.000
Aaron then fires fifteen rounds into Michael Fossler with a

460
00:29:47.119 --> 00:29:50.839
nine millimeter and then, after emptying the gun, jumps on

461
00:29:50.960 --> 00:29:54.160
top of him and pistol whips him several times for

462
00:29:54.279 --> 00:29:56.880
good measure. But it was after the shooting that Aaron

463
00:29:56.920 --> 00:30:01.039
Spencer does something very important to this case. He didn't run.

464
00:30:01.079 --> 00:30:03.720
He calls nine one one and he reports that he

465
00:30:03.880 --> 00:30:07.119
shot a man who was with his daughter. Law enforcement

466
00:30:07.240 --> 00:30:11.640
arrives and they find Michael Fossler deceased at the scene.

467
00:30:11.799 --> 00:30:14.680
So here are the facts up to that point of

468
00:30:14.720 --> 00:30:17.799
the shooting. If you've not been falling along very well,

469
00:30:18.039 --> 00:30:20.079
you have a thirteen year old girl with a man

470
00:30:20.200 --> 00:30:23.400
more than five decades older than her. In the wee

471
00:30:23.480 --> 00:30:26.559
hours of the morning, a father locates them and says

472
00:30:26.640 --> 00:30:29.519
he did what he believed was necessary to stop it.

473
00:30:29.680 --> 00:30:34.559
That this animal, and I'm completely comfortable referring to Fosslor

474
00:30:34.599 --> 00:30:38.519
as that dead or not, this animal lunched at him

475
00:30:38.839 --> 00:30:41.440
and he did what he had to do so. Police come,

476
00:30:41.519 --> 00:30:45.759
they gather evidence, they conduct interviews, etc. And Aaron Spencer

477
00:30:45.880 --> 00:30:51.640
is arrested. And here is how his arrest warrant reads reads.

478
00:30:51.680 --> 00:30:55.319
On October eighth, twenty twenty four, at approximately one thirteen

479
00:30:55.359 --> 00:30:58.680
in the morning, deputies responded to a call on Highway

480
00:30:58.759 --> 00:31:02.039
two thirty six East in reference to a missing juvenile.

481
00:31:02.160 --> 00:31:05.880
Deputies were advised that the missing female juvenile had been

482
00:31:06.000 --> 00:31:09.720
raped and sexually assaulted by Michael Fossler in July twenty

483
00:31:09.720 --> 00:31:11.880
twenty four, and that he was known to drive a

484
00:31:11.960 --> 00:31:16.119
Ford F one fifty. Lenoke County Dispatch requested that Cabot

485
00:31:16.119 --> 00:31:19.279
Police Department send officers within their city to try and

486
00:31:19.319 --> 00:31:23.200
locate the missing juvenile at Michael Fossler's residence. Prior to

487
00:31:23.200 --> 00:31:27.160
receiving information from Cabot, Dispatch received a second call from

488
00:31:27.160 --> 00:31:30.759
the father of the juvenile, identified as Aaron Spencer, stating

489
00:31:30.839 --> 00:31:33.680
he had located the man who kidnapped his daughter, but

490
00:31:33.720 --> 00:31:35.720
that the mail was dead on the side of the

491
00:31:35.799 --> 00:31:39.079
road and that he had no choice. Deputies arrived inside

492
00:31:39.079 --> 00:31:41.960
the rural area of Lonoke County and located both Aaron

493
00:31:42.000 --> 00:31:46.559
Spencer and Michael Fossler. Deputies immediately began life saving measures

494
00:31:46.640 --> 00:31:49.799
on Michael Fossler, but he had succumbed to his injuries.

495
00:31:49.920 --> 00:31:53.559
Deputy took Aaron Spencer into custody and secured the female

496
00:31:53.640 --> 00:31:57.119
juvenile away from the scene. Deputies cleared and stored the weapon,

497
00:31:57.200 --> 00:32:00.400
a Glock nineteen that was found to have been on

498
00:32:00.480 --> 00:32:03.200
the person of Aaron Spencer and had blood on the

499
00:32:03.240 --> 00:32:06.400
outside of the weapon. Detective McCain was the first detective

500
00:32:06.400 --> 00:32:09.759
on scene. Upon arrival, I observed a Ford F three

501
00:32:09.880 --> 00:32:12.960
fifty sitting on the north side angled in the northbound

502
00:32:13.039 --> 00:32:15.720
lane on the Highway thirteen with a white Ford F

503
00:32:15.799 --> 00:32:18.519
one fifty sitting next to a driveway. The F one

504
00:32:18.599 --> 00:32:21.359
fifty appeared to have been forced off the roadway due

505
00:32:21.359 --> 00:32:24.200
to skid marks located on both the asphalt of the

506
00:32:24.240 --> 00:32:27.680
highway and through the ditch line. Michael Fossler was lying

507
00:32:27.720 --> 00:32:29.920
on his back in the ditch on the east side

508
00:32:29.920 --> 00:32:33.240
of the road. Michael Fossler had visible puncture wounds believed

509
00:32:33.279 --> 00:32:36.960
to be caused by a firearm projectile on his chest, abdomen,

510
00:32:37.119 --> 00:32:39.880
and both left and right arm. Upon inspection of the

511
00:32:39.920 --> 00:32:42.920
white Ford F one fifty, damage was located on the

512
00:32:42.960 --> 00:32:46.599
rear of the vehicle normally seen after impact with another object.

513
00:32:46.599 --> 00:32:49.319
On examination of the Ford F three fifty showed that

514
00:32:49.400 --> 00:32:52.160
the vehicle had damage to the front and commonly seen

515
00:32:52.240 --> 00:32:55.359
after impact with another vehicle. A search of the area

516
00:32:55.519 --> 00:32:59.240
was performed and during that search, several nine milimeter casings

517
00:32:59.279 --> 00:33:03.279
were located on the roadway driveway in ditch area surrounding

518
00:33:03.319 --> 00:33:06.119
the white Ford F one point fifty. Once clearing the scene,

519
00:33:06.160 --> 00:33:09.799
myself and Detective Rice interviewed Aaron Spencer at the Lynoe

520
00:33:09.839 --> 00:33:12.839
County Sheriff's office after being advised of his rights, to

521
00:33:12.880 --> 00:33:16.680
which he acknowledged understanding. In reference to the events that occurred,

522
00:33:16.799 --> 00:33:19.319
Aaron Spencer stated he had been woke up by his

523
00:33:19.480 --> 00:33:22.160
dog barking, which was uncommon, and went to check on

524
00:33:22.200 --> 00:33:25.240
his daughter due to the events that occurred earlier that year.

525
00:33:25.359 --> 00:33:28.359
Aaron Spencer stated the dog was in his daughter's bedroom.

526
00:33:28.400 --> 00:33:30.720
When he opened the door, the dog continued to act

527
00:33:30.759 --> 00:33:33.640
out of character. Aaron Spencer further explained that when he

528
00:33:33.680 --> 00:33:36.240
looked closer at what he thought was his daughter in bed,

529
00:33:36.319 --> 00:33:38.720
he realized it was actually a stuffed animal with his

530
00:33:38.839 --> 00:33:41.480
daughter's hoodie on it. Aaron Spencer stated that he had

531
00:33:41.480 --> 00:33:43.759
become scared of what had happened to his daughter and

532
00:33:43.880 --> 00:33:46.519
had his wife called nine one one to reporter missing.

533
00:33:46.680 --> 00:33:50.039
Aaron Spencer then stated that he left the residence and

534
00:33:50.079 --> 00:33:53.000
began to search for Michael Fossler and his daughter. Aaron

535
00:33:53.039 --> 00:33:56.079
stated when he arrived at the intersections, he observed the

536
00:33:56.119 --> 00:33:58.960
white f one point fifty belonging to Michael Fossler, turn

537
00:33:59.039 --> 00:34:02.720
off the highway and towards his residence. Aaron Spencer then

538
00:34:02.799 --> 00:34:05.759
stated he turned around and attempted to stop the vehicle

539
00:34:05.799 --> 00:34:08.840
by flashing his lights and blowing his horn. Aaron Spencer

540
00:34:08.920 --> 00:34:11.280
stated he was in fear for his daughter's life and

541
00:34:11.320 --> 00:34:15.360
continued to pursue Michael Fosslor east. Aaron Spencer explained that

542
00:34:15.400 --> 00:34:17.960
when they arrived at the intersection of Highway two thirty

543
00:34:17.960 --> 00:34:21.440
six and Highway two thirteen, he hit Michael Fossler's vehicle

544
00:34:21.440 --> 00:34:23.880
in the rear, causing it to slide off the roadway.

545
00:34:24.039 --> 00:34:26.920
Aaron Spencer then stated he exited his vehicle with his

546
00:34:27.000 --> 00:34:30.159
firearm in hand, ordered Michael Fossler out of his vehicle

547
00:34:30.239 --> 00:34:33.000
and to lie down in the ditch. Spencer stated he

548
00:34:33.039 --> 00:34:35.960
observed his daughter trying to exit the passenger side of

549
00:34:35.960 --> 00:34:38.760
the vehicle, but it appeared Michael Fossler had grabbed her

550
00:34:38.800 --> 00:34:41.760
and stopped her from getting out. Aaron Spencer then stated

551
00:34:41.760 --> 00:34:45.119
that Michael Fossler exited his vehicle had something in his hand,

552
00:34:45.159 --> 00:34:47.800
but he didn't know what it was. Aaron Spencer stated

553
00:34:47.840 --> 00:34:51.079
that Michael Fossler then lunched toward him, saying fuck you.

554
00:34:51.400 --> 00:34:54.719
Aaron Spencer stated he then opened fire on Michael Fossler,

555
00:34:54.760 --> 00:34:57.400
emptying his weapon before jumping on top of him and

556
00:34:57.440 --> 00:35:00.039
pistol whipping him. Aaron Spencer stated that he got he

557
00:35:00.079 --> 00:35:02.280
aught his daughter out of the vehicle and returned to

558
00:35:02.320 --> 00:35:05.599
his truck where he related his weapon and called nine

559
00:35:06.000 --> 00:35:10.239
one one and Aaron Spencer at this point gets arrested

560
00:35:10.480 --> 00:35:14.119
and shit is totally about to hit the fan when

561
00:35:14.159 --> 00:35:16.880
people hear the facts of this case as they were

562
00:35:16.960 --> 00:35:20.239
known at the time. So a press release comes out

563
00:35:20.559 --> 00:35:23.559
the next day, October eighth, and it just read. At

564
00:35:23.599 --> 00:35:27.840
approximately one twelve am, Lenote County Sheriff's Office deputies were

565
00:35:27.840 --> 00:35:31.119
dispatched to a residence in reference to a missing juvenile.

566
00:35:31.199 --> 00:35:34.920
While en route, deputies were notified that the father, Aaron Spencer,

567
00:35:35.079 --> 00:35:38.199
had located the juvenile in a vehicle with Michael Fossler.

568
00:35:38.320 --> 00:35:42.320
A confrontation between the two adult males ensued, which resulted

569
00:35:42.400 --> 00:35:46.840
in a shooting. Deputies immediately initiated an investigation. Michael Fossil

570
00:35:47.000 --> 00:35:49.280
was pronounced dead on the scene and Aaron Spencer was

571
00:35:49.320 --> 00:35:53.039
taken into custody. Spencer was transported to the Lenokee County

572
00:35:53.119 --> 00:35:55.639
Detention Center and has been charged with murder in the

573
00:35:55.679 --> 00:35:59.360
first degree of felony. And that was a Facebook release.

574
00:36:00.519 --> 00:36:04.800
This thing goes national, so a prosecutor looks at this case,

575
00:36:04.920 --> 00:36:08.880
and from a prosecution perspective, the case would later center

576
00:36:09.000 --> 00:36:12.920
around questions of premeditation, the number of shots fired, whether

577
00:36:13.000 --> 00:36:15.960
Aaron Spencer had other options such as calling nine one

578
00:36:15.960 --> 00:36:19.800
one immediately instead of pursuing and confronting Fossler, and they

579
00:36:19.840 --> 00:36:23.400
would argue that while the situation was horrific, the response

580
00:36:23.519 --> 00:36:27.159
crossed the line into criminal conduct. Now, from the defense

581
00:36:27.280 --> 00:36:30.960
perspective and from Aaron Spencer's own statements, this was a

582
00:36:31.000 --> 00:36:35.239
father facing an immediate, terrifying threat to his child, a

583
00:36:35.320 --> 00:36:38.559
man who had allegedly abused her was now alone with

584
00:36:38.599 --> 00:36:41.159
her again in the middle of the night, violating a

585
00:36:41.239 --> 00:36:44.679
court order, and Spencer maintained that he had acted to

586
00:36:44.800 --> 00:36:48.239
protect his daughter from imminent harm, and that Arkansas law

587
00:36:48.360 --> 00:36:51.519
allows for the use of deadly force in defensive others

588
00:36:51.599 --> 00:36:55.039
when there's a reasonable belief of serious danger. And keep

589
00:36:55.079 --> 00:36:58.400
this in mind. Just months earlier, Aaron Spencer was a

590
00:36:58.440 --> 00:37:02.519
father going to work his kids, trusting the system would

591
00:37:02.559 --> 00:37:06.000
protect his family if something went wrong, and instead he

592
00:37:06.079 --> 00:37:08.920
finds himself in a situation no parents should ever have

593
00:37:09.000 --> 00:37:13.079
to face, discovering his child was with an abuser in

594
00:37:13.119 --> 00:37:15.000
the middle of the night, and he had to make

595
00:37:15.000 --> 00:37:18.440
a decision that would put his own freedom on the line.

596
00:37:18.559 --> 00:37:22.239
And what makes this even more unbelievable to me is

597
00:37:22.320 --> 00:37:27.760
the sense of systematic failure that many in the community felt.

598
00:37:28.039 --> 00:37:30.079
This is a man that was charged with forty three

599
00:37:30.159 --> 00:37:34.000
felonies involving a child and a basically released on a

600
00:37:34.039 --> 00:37:37.360
ship bond. He violates that bond, and a father who

601
00:37:37.400 --> 00:37:41.239
had done everything the right way was suddenly forced into

602
00:37:41.320 --> 00:37:45.280
an impossible position. Now, that sense of betrayal would become

603
00:37:45.320 --> 00:37:48.800
a major theme in the months that followed. It would

604
00:37:48.800 --> 00:37:53.000
fuel Aaron Spencer's decision to eventually run for sheriff, and

605
00:37:53.039 --> 00:37:56.360
it would shape how voters in Lenope County viewed this

606
00:37:56.559 --> 00:38:00.079
case and it would raise difficult questions about how the

607
00:38:00.360 --> 00:38:06.199
justice system handles cases involving sexual abuse of children, particularly

608
00:38:06.280 --> 00:38:09.960
when it comes to the pre trial release aspect of that.

609
00:38:10.239 --> 00:38:13.280
But as you know, the legal system moves, but it

610
00:38:13.360 --> 00:38:16.760
moves very slowly in cases like this, and what comes

611
00:38:16.800 --> 00:38:22.360
next was a long, complicated, controversial journey through the court system.

612
00:38:22.599 --> 00:38:26.920
So originally Spencer gets arrested for first degree murder, but

613
00:38:27.039 --> 00:38:30.239
it would be seven weeks later that that charge is

614
00:38:30.280 --> 00:38:35.239
actually downgraded to second degree murder and a firearm enhancement

615
00:38:35.440 --> 00:38:39.719
is added. Now that second degree murder charge, serious class

616
00:38:39.760 --> 00:38:44.440
A felony in Arkansas, carries significant prison time, and that

617
00:38:44.559 --> 00:38:49.000
firearm enhancement would add even more weight to those charges.

618
00:38:49.239 --> 00:38:52.840
So from the very beginning, Aaron Spencer he maintains his innocence.

619
00:38:52.880 --> 00:38:55.880
He took the position that his actions on October eighth

620
00:38:55.920 --> 00:39:00.440
were justified, and he's consistently argued he acted as father

621
00:39:00.639 --> 00:39:05.559
protecting his child from imminent harm, a position rooted in

622
00:39:05.719 --> 00:39:10.000
Arkansas law regarding the use of deadly force in the

623
00:39:10.000 --> 00:39:13.079
defense of others. But the legal system that they don't

624
00:39:13.119 --> 00:39:16.800
just accept a self defense claim at its face value,

625
00:39:17.039 --> 00:39:20.320
especially when a death has occurred, and so that case

626
00:39:20.480 --> 00:39:24.079
moves forward into a pre trial phase, and almost immediately

627
00:39:24.320 --> 00:39:27.880
a lot of controversies start to emerge. One of the

628
00:39:27.960 --> 00:39:31.960
earliest and most significant issues involved the judge that was

629
00:39:32.000 --> 00:39:36.880
initially assigned to the case, Judge Barbara Elmore. Early in

630
00:39:36.960 --> 00:39:41.519
the proceedings, Judge Elmore issued a very broad gag order

631
00:39:41.519 --> 00:39:44.960
and that restricted what the parties in the case, including

632
00:39:45.039 --> 00:39:48.920
the defense, the prosecution, even some of the witnesses, could

633
00:39:48.960 --> 00:39:53.639
say publicly. That order also led to sealing much of

634
00:39:53.679 --> 00:39:57.320
the court file. Now, later on the Arkansas Supreme Court

635
00:39:57.400 --> 00:40:00.559
they would step in and rule that gag order was

636
00:40:00.599 --> 00:40:03.800
an abuse of discretion and they would strike that down.

637
00:40:04.159 --> 00:40:07.760
And this was already an unusual level of intervention by

638
00:40:07.800 --> 00:40:11.840
the state's highest court in a county level criminal case.

639
00:40:11.880 --> 00:40:15.000
It kind of told you the gravity of this case

640
00:40:15.079 --> 00:40:18.559
and how much media attention it had gathered. Now, in

641
00:40:18.599 --> 00:40:21.920
the months that followed, the Supreme Court took the extraordinary

642
00:40:21.960 --> 00:40:26.559
steps of even removing Judge Almore from the case entirely.

643
00:40:26.960 --> 00:40:31.519
The court cited concerns about fairness and the appearance of bias.

644
00:40:31.880 --> 00:40:35.880
A new judge was assigned, a special Circuit Court judge

645
00:40:36.079 --> 00:40:39.119
by the name of Ralph Wilson Jr. He was a

646
00:40:39.159 --> 00:40:42.039
retired judge, had a long career on the bench, and

647
00:40:42.119 --> 00:40:46.280
that judicial change was significant. It signaled that the case

648
00:40:46.400 --> 00:40:49.679
was being watched closely at the highest levels of the

649
00:40:49.840 --> 00:40:53.639
Arkansas court system. It also meant that the legal strategy

650
00:40:53.760 --> 00:40:57.760
in the ton of the proceedings would shift under new leadership.

651
00:40:57.960 --> 00:41:01.559
So while all of this judicial old drama would play out,

652
00:41:01.679 --> 00:41:06.000
the core legal battle was taking shape around two very

653
00:41:06.039 --> 00:41:10.760
different interpretations of what happened on that October night. So

654
00:41:10.920 --> 00:41:13.320
let me break this down clearly for you so you

655
00:41:13.320 --> 00:41:18.119
can follow the arguments on both sides. From the prosecution's perspective,

656
00:41:18.320 --> 00:41:21.159
this was not a clear cutcase of self defense or

657
00:41:21.199 --> 00:41:25.400
the defense of others. Prosecution's perspective, not Jim Chapman's perspective.

658
00:41:25.760 --> 00:41:29.159
They would point out several factors. First, they would mention

659
00:41:29.239 --> 00:41:32.960
the number of shots fired. Reports indicated that Aaron Spencer

660
00:41:33.039 --> 00:41:38.480
fired fifteen rounds, with many striking Michael Fossler, and prosecutors

661
00:41:38.519 --> 00:41:42.599
would later argue this level of force raise questions about

662
00:41:42.599 --> 00:41:47.079
whether the response was reasonable or excessive. The second thing

663
00:41:47.119 --> 00:41:50.320
they focused on was the chase and the confrontation. They

664
00:41:50.360 --> 00:41:54.519
said Spencer did not simply encounter Fossor and react in

665
00:41:54.639 --> 00:41:58.320
a moment, he searched for him, located the vehicle, forced

666
00:41:58.320 --> 00:42:01.840
it off the road. Executors would argue that sequence of

667
00:42:01.880 --> 00:42:07.440
events showed purpose and deliberation rather than a pure reaction

668
00:42:07.840 --> 00:42:11.440
to an immediate threat. And I would totally disagree with that.

669
00:42:11.559 --> 00:42:14.119
The guy had his daughter. You're leaving that part out.

670
00:42:14.280 --> 00:42:16.880
Another thing they brought up was prior statements. There were

671
00:42:16.920 --> 00:42:20.280
reports that Spencer had made statements in the months before

672
00:42:20.280 --> 00:42:22.840
the shooting about what he would do if Fossler came

673
00:42:22.880 --> 00:42:26.280
near his daughter again, and those statements would become the

674
00:42:26.320 --> 00:42:29.440
subject of what's known as a four H four B motion,

675
00:42:29.960 --> 00:42:32.800
which is a rule of evidence that allows prior acts

676
00:42:32.880 --> 00:42:37.079
or statements to be introduced in certain circumstances to show

677
00:42:37.159 --> 00:42:40.639
the motive, intent, or plan of a defendant, and the

678
00:42:40.639 --> 00:42:44.880
prosecution successfully argued for the admission of some of this evidence.

679
00:42:45.119 --> 00:42:48.280
But I ask you, if your father or mother and

680
00:42:49.039 --> 00:42:52.719
someone had done this to your daughter, would you go

681
00:42:52.800 --> 00:42:55.599
around and say maybe to your friends or something, or

682
00:42:55.679 --> 00:42:58.280
really just make it public that if you go around

683
00:42:58.320 --> 00:43:01.280
them again, that's your ass. It's basically what he did.

684
00:43:01.440 --> 00:43:05.159
Got no problem with that. Finally, the prosecution's position was

685
00:43:05.199 --> 00:43:08.679
that even in a horrific situation involving a child, there's

686
00:43:08.719 --> 00:43:11.960
a legal process. They argued that Spencer should have called

687
00:43:12.039 --> 00:43:14.880
nine to one one and allowed law enforcement to handle

688
00:43:14.920 --> 00:43:19.119
the situation rather than taking matters into his own hands.

689
00:43:19.159 --> 00:43:22.760
Now on the other side, the defense, led by attorneys

690
00:43:22.800 --> 00:43:27.119
representing Aaron Spencer. They built their case around Arkansas law

691
00:43:27.239 --> 00:43:31.760
regarding the justified use of deadly force. So, Arkansas has

692
00:43:31.800 --> 00:43:35.239
a Code five Dash two Dash six oh seven, and

693
00:43:35.280 --> 00:43:39.400
it says a person is justified in using deadly physical

694
00:43:39.440 --> 00:43:43.400
force if they reasonably believe the other person is committing

695
00:43:43.639 --> 00:43:48.199
or about to commit a felony involving physical force or violence,

696
00:43:48.679 --> 00:43:52.599
or if they reasonably believe the other person is eminently

697
00:43:53.159 --> 00:43:56.519
endangering the lives of themselves or another person. I think

698
00:43:56.559 --> 00:44:00.519
this totally qualifies in that situation. The defense argued, on

699
00:44:00.559 --> 00:44:03.519
the night of October eighth, Aaron Spencer had every reason

700
00:44:03.559 --> 00:44:07.079
to believe his daughter was an imminent serious danger. Fosslor

701
00:44:07.119 --> 00:44:10.199
had already been charged with forty three felonies involving her,

702
00:44:10.320 --> 00:44:12.760
he was under a court order to stay away from her,

703
00:44:13.119 --> 00:44:15.159
and yet he was found alone with her in the

704
00:44:15.159 --> 00:44:17.880
middle of the freaking night. The defense further argued that

705
00:44:17.920 --> 00:44:21.920
when the confrontation occurred, foss Lord lunged at Spencer and

706
00:44:21.960 --> 00:44:25.840
that created an immediate threat that justified the use of force.

707
00:44:26.159 --> 00:44:29.400
They pointed to Fosslor's criminal history in the case and

708
00:44:29.440 --> 00:44:33.800
the violation of the no contact order creating a reasonable

709
00:44:34.239 --> 00:44:39.159
fear for his daughter's safety. This was not, the defense, maintained,

710
00:44:39.199 --> 00:44:43.159
a case of vigilani justice. It was a father facing

711
00:44:43.239 --> 00:44:46.519
an immediate threat to his child and responding in a

712
00:44:46.599 --> 00:44:50.360
way he believed was necessary to protect her. In these

713
00:44:50.440 --> 00:44:54.079
two competing narratives, they would dominate the pre trial phase.

714
00:44:54.480 --> 00:44:58.079
Motions were filed, hearings were held, evidence was fought over,

715
00:44:58.559 --> 00:45:01.599
and through it all, Aaron's Spencer remained out on bond,

716
00:45:01.800 --> 00:45:06.079
living under the shadow of serious felony charges while trying

717
00:45:06.079 --> 00:45:10.679
to maintain some semblance of a normal life for his family.

718
00:45:11.199 --> 00:45:16.320
The public reaction during this period was intense and deeply divided.

719
00:45:16.519 --> 00:45:19.960
On one side, you had many people, especially in Lenokee

720
00:45:20.000 --> 00:45:22.880
County and across Arkansas, that viewed Aaron Spencer as a

721
00:45:22.920 --> 00:45:25.840
father who had done what any parent would do to

722
00:45:25.960 --> 00:45:29.400
protect his child when the system failed. They saw him

723
00:45:29.400 --> 00:45:32.280
as a hero who protected his child when the courts

724
00:45:32.320 --> 00:45:35.760
put that child back in danger and support would grow,

725
00:45:36.159 --> 00:45:40.280
particularly after he announced a run for sheriff. Now on

726
00:45:40.320 --> 00:45:43.920
the other side of that, prosecutors and some legal observers

727
00:45:44.079 --> 00:45:47.800
argue that no one, no matter how justified their anger

728
00:45:47.920 --> 00:45:49.800
or fear, has the right to take the law on

729
00:45:49.840 --> 00:45:52.880
their own hands. They warned against creating a culture where

730
00:45:52.920 --> 00:45:58.119
individuals decide when deadly force is appropriate rather than relying

731
00:45:58.239 --> 00:46:02.199
on the justice system, and vibe when only grow as

732
00:46:02.239 --> 00:46:05.800
the case move forward and as Aaron Spencer entered the

733
00:46:05.840 --> 00:46:10.639
political arena. And what makes this legal cluster so significant

734
00:46:10.760 --> 00:46:13.639
is not just the arguments themselves, but it's what they

735
00:46:13.679 --> 00:46:17.119
reveal about our justice system. When a man charged with

736
00:46:17.360 --> 00:46:21.199
dozens of serious crimes against a child is released on

737
00:46:21.239 --> 00:46:25.360
a low bond and then violates that order, what responsibility

738
00:46:25.840 --> 00:46:28.760
does the system bear? Because I feel like they bear

739
00:46:29.199 --> 00:46:32.639
some responsibility when a father response to what he perceives

740
00:46:32.719 --> 00:46:35.719
as an immediate threat to his child, where's the line

741
00:46:35.840 --> 00:46:40.639
between justified protection and criminal conduct? And when evidence handling

742
00:46:40.760 --> 00:46:44.679
issues later emerge, as they did in this case, how

743
00:46:44.679 --> 00:46:47.559
do we balance the rights of the accused with the

744
00:46:47.559 --> 00:46:52.119
pursuit of justice. These questions swirled around the courtroom long

745
00:46:52.199 --> 00:46:57.079
before any verdict would be reached. Now, Aaron Spencer was

746
00:46:57.159 --> 00:47:00.960
living with these judgments every day, His family was living

747
00:47:01.000 --> 00:47:05.000
with them, The community was watching, National media was paying

748
00:47:05.159 --> 00:47:10.199
major attention, and the legal battle was exhausting. It was expensive,

749
00:47:10.559 --> 00:47:14.760
and it was emotionally draining, but it was far from over.

750
00:47:15.320 --> 00:47:19.960
In fact, the most dramatic developments were still ahead, including

751
00:47:20.360 --> 00:47:25.320
a stunning political move by Aaron Spencer and the judicial system.

752
00:47:25.599 --> 00:47:29.800
So while that legal fight was ongoing no trial date finalized.

753
00:47:29.880 --> 00:47:32.679
In the weight of these serious charges hanging over him,

754
00:47:32.800 --> 00:47:36.239
Aaron Spencer makes a decision that would shock many people

755
00:47:36.360 --> 00:47:40.199
and really change the trajectory of this story completely. In

756
00:47:40.239 --> 00:47:43.400
October of twenty twenty five, he announced that he was

757
00:47:43.519 --> 00:47:47.400
running for sheriff of Leno County. Now think about that

758
00:47:47.639 --> 00:47:50.920
for a moment. This is a man facing murder charges

759
00:47:51.000 --> 00:47:54.880
who was stepping into the political arena to challenge the

760
00:47:55.039 --> 00:47:59.039
very office that had arrested him. The incumbent sheriff at

761
00:47:59.039 --> 00:48:02.519
the time was John Stanley, who was a Republican who

762
00:48:02.519 --> 00:48:06.599
had held that position for more than thirteen years. Spencer

763
00:48:06.800 --> 00:48:10.519
was running against the man whose deputies had actually taken

764
00:48:10.599 --> 00:48:14.159
him into custody after that shooting. It was a bold,

765
00:48:14.519 --> 00:48:19.960
almost unthinkable move, and it would obviously immediately draw national intention.

766
00:48:20.559 --> 00:48:24.039
But why did he do it well. According to Spencer's

767
00:48:24.079 --> 00:48:28.159
own public statements and campaign materials, his decision was rooted

768
00:48:28.280 --> 00:48:31.639
in the same protective instinct that had defined his life

769
00:48:31.719 --> 00:48:34.760
as a father. He believed the justice system had failed

770
00:48:34.760 --> 00:48:37.599
his family. He pointed to the low bond given to

771
00:48:37.679 --> 00:48:41.679
Michael Fossler despite these serious charges. He pointed to the

772
00:48:41.760 --> 00:48:45.039
violation of a no contact order, and he argued the

773
00:48:45.079 --> 00:48:49.079
system needed accountability and reform so that no other family

774
00:48:49.320 --> 00:48:52.440
would have to endure what he had gone through. His

775
00:48:52.519 --> 00:48:56.400
campaign message was clear and it was direct. He wanted

776
00:48:56.440 --> 00:49:02.360
to restore trust in law enforcement, to demand accountability from

777
00:49:02.400 --> 00:49:06.000
public officials, and he wanted to ensure the justice system

778
00:49:06.400 --> 00:49:11.199
actually protected people it was meant to protect, including children.

779
00:49:11.280 --> 00:49:15.000
Now it's important to note Aaron Spencer had no prior

780
00:49:15.079 --> 00:49:18.440
law enforcement experience. He was an Army veteran and a

781
00:49:18.480 --> 00:49:22.400
general contractor, not a career police officer, and critics they

782
00:49:22.440 --> 00:49:27.719
would immediately raise questions regarding his qualifications. Someone label him

783
00:49:27.760 --> 00:49:30.400
a visulanite who had taken the law into his own

784
00:49:30.440 --> 00:49:33.639
hands and others question whether a man facing murder charges

785
00:49:33.679 --> 00:49:37.599
should even be allowed to run for such a powerful position,

786
00:49:37.760 --> 00:49:40.960
But Spencer he would lean into his background. He would

787
00:49:41.000 --> 00:49:46.000
emphasize his military service, his values, and most powerfully, his

788
00:49:46.280 --> 00:49:49.559
lived experience with what he called a broken system. He

789
00:49:49.760 --> 00:49:53.679
wasn't running as a traditional law and order candidate. He

790
00:49:53.719 --> 00:49:56.400
was running as a father who had seen the system

791
00:49:56.480 --> 00:49:59.679
fail up close and wanted to fix it from the

792
00:49:59.760 --> 00:50:04.119
end side, and the race became one of the most

793
00:50:04.159 --> 00:50:10.079
watched local elections in Arkansas in years. National media outlets

794
00:50:10.119 --> 00:50:14.480
would pick up the story. CNN, Fox News, local Arkansas stations,

795
00:50:14.519 --> 00:50:18.480
and several large true crime podcasts all covered the unusual

796
00:50:18.639 --> 00:50:22.920
dynamic a man charged with murder running against a sheriff

797
00:50:23.159 --> 00:50:26.519
who arrested him, and voters in Lenokee County, a heavenly

798
00:50:26.679 --> 00:50:30.960
Republican area, they were sharply divided. Some would see Spencer

799
00:50:30.960 --> 00:50:33.920
as a hero who protected his child, and they admired

800
00:50:33.960 --> 00:50:38.119
his willingness to challenge the status quo, but others worried

801
00:50:38.480 --> 00:50:43.960
about electing someone with no law enforcement background impending serious charges.

802
00:50:44.199 --> 00:50:47.400
But through it all, Spencer continued to maintain his innocence

803
00:50:47.440 --> 00:50:50.880
and argue his actions on that night were justified under

804
00:50:51.000 --> 00:50:55.840
Arkansas law. In that campaign, it was intense, but relatively

805
00:50:56.000 --> 00:50:59.000
short in the grand scheme of things. By early twenty

806
00:50:59.079 --> 00:51:03.920
twenty six, that race was heating up towards a March primary,

807
00:51:04.320 --> 00:51:09.239
and on March third, twenty twenty six, the voters would speak.

808
00:51:09.719 --> 00:51:14.480
And next week I'm gonna bring you the dramatic wrap

809
00:51:14.559 --> 00:51:19.880
up to this two part series on Aaron Spencer. It's

810
00:51:20.000 --> 00:51:23.519
gonna really get crazy from here, so look forward to that.

811
00:51:23.599 --> 00:51:26.280
I want to thank my Patreon members. I could not

812
00:51:26.480 --> 00:51:29.559
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813
00:51:29.599 --> 00:51:33.440
the show, check us out on Patreon, patreon dot com,

814
00:51:33.440 --> 00:51:38.039
slash Exposed podcast Files. I could really use your support.

815
00:51:38.599 --> 00:51:42.320
Please consider doing that. Little is two dollars and fifty

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00:51:42.360 --> 00:51:45.480
cents a week, and we have everything from commercial free

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early releases, to bonus episodes to quarterly guests for our

818
00:51:49.320 --> 00:51:53.079
top tier Patreon members. I appreciate all of you and

819
00:51:53.239 --> 00:51:55.719
love you more than you know. And until next time

820
00:51:56.119 --> 00:51:59.960
for Exposed Scandalous Files of the Elite, I'm your host,

821
00:52:00.079 --> 00:52:01.960
Jim Chapman. Much love,