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tulipsandroses

(6,239 posts) Tue Oct 15, 2024, 08:58 PM Oct 15

Dad arrested after allegedly killing man he found in a car with his missing teen daughter

LONOKE COUNTY, Ark. (Gray News) – A father in Arkansas allegedly shot and killed a 67-year-old man who he found in a car with his 14-year-old daughter.

According to the Lonoke County Sheriff’s Office, officers were called in reference to a missing child on Tuesday.
While en route to the home, deputies were told that the child’s father, Aaron Spencer, had located his daughter in a car with 67-year-old Michael Fosler. The sheriff’s office said a “confrontation” between the men ensued, which ended with Fosler being shot and killed.
Deputies said Fosler died at the scene and Spencer was taken into custody.

According to USA Today, the family had a no-contact order in place for Fosler, accusing him of stalking and raping their daughter over the summer. Fosler had been arrested in July. A public Facebook post from a woman named Heather Spencer, who identified herself as Aaron Spencer’s wife, said, “We had no idea this man was in contact with our child again.” “At the end of the day, our daughter is a victim and we have a long road of recovery for everyone,” the Facebook post read.
It’s unclear if Fosler had any relation to the family or how he knew the teen.

Aaron Spencer is facing a preliminary first-degree murder charge. He was released on bond the day after the shooting.
Facebook commenters are overwhelmingly praising Aaron Spencer for his actions, saying he did what any father would do.
“No charges should be filed! I’m so sorry you are going through it but given the circumstances any father would do the same,” one wrote.
“He saved his daughter!!! What a hero. He should not be in jail!” another wrote.
In a statement, Lonoke County Sheriff John Staley described the case as a “tragic situation” and that official charges had not been filed as of Thursday.
https://www.atlantanewsfirst.com/2024/10/14/dad-arrested-after-allegedly-killing-man-he-found-car-with-his-missing-teen-daughter/?tbref=hp

14 replies

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Dad arrested after allegedly killing man he found in a car with his missing teen daughter (Original Post) tulipsandroses Oct 15 OP

If I had found him with my daughter, he'd still be alive, wishing he was dead. Enter stage left Oct 15 #1

This should fall under temporary insanity. What is a father to do when he catches a predator with his daughter??? Pisces Oct 15 #2

Yup! NM Grins Oct 15 #9

Or the "Heat of Passion" Defense no_hypocrisy Oct 16 #13

If I were on the jury he'd be acquitted. happybird Oct 15 #3

Ditto malaise Oct 16 #14

sounds like the man should have been in jail Skittles Oct 15 #4

I very much doubt he'll be found guilty of 1st degree murder Kaleva Oct 15 #5

If the evidence bears out, it was self defense. Lunabell Oct 15 #6

"he did what any father would do" Talitha Oct 15 #7

If ever a temporary insanity plea should be used this is one. Bev54 Oct 15 #8

Just a question..how did the daughter end up in the car with this man? Deuxcents Oct 15 #10

I hope to God he does NOT accept a plea bargain. No jury will convict him. PeaceWave Oct 15 #11

Reminds me of Ellie Nessler UpInArms Oct 15 #12

Enter stage left

(3,834 posts)

1. If I had found him with my daughter, he'd still be alive, wishing he was dead.

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:07 PM

Oct 15

Pisces

(5,843 posts)

2. This should fall under temporary insanity. What is a father to do when he catches a predator with his daughter???

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:15 PM

Oct 15

Grins

(7,934 posts)

9. Yup! NM

Reply to Pisces (Reply #2)

Tue Oct 15, 2024, 10:03 PM

Oct 15

no_hypocrisy

(49,145 posts)

13. Or the "Heat of Passion" Defense

Reply to Pisces (Reply #2)

Wed Oct 16, 2024, 05:30 AM

Oct 16

Heat of passion is a mitigating factor that may be raised by an accused criminal, claiming to have been in an uncontrollable rage, terror, or fury at the time of the alleged crime, especially one provoked by the victim. Heat of passion defense is used to negate the element of malice in a murder prosecution. In U.S. v. Visinaiz, it was held that in order to satisfy the element of malice aforethought in a murder prosecution, the government must prove the absence of heat of passion beyond a reasonable doubt.

Heat of passion has also been defined by multiple courts. The Tenth Circuit in the aforementioned case of Visinaiz defined heat of passion as “such a state of passion, or hot blood, or rage, anger, resentment, terror or fear as to indicate the absence of deliberate design to kill or as to cause one to act on impulse without reflection”. In U.S. v. Browner, the Fifth Circuit defined heat of passion as “a passion of fear or rage in which the defendant loses his normal self-control as a result of circumstances that would provoke such a passion in an ordinary person, but which did not justify the use of deadly force.”

https://www.law.cornell.edu/wex/heat_of_passion

happybird

(5,182 posts)

3. If I were on the jury he'd be acquitted.

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:15 PM

Oct 15

malaise

(278,669 posts)

14. Ditto

Reply to happybird (Reply #3)

Wed Oct 16, 2024, 05:37 AM

Oct 16

Rec

Skittles

(160,236 posts)

4. sounds like the man should have been in jail

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:24 PM

Oct 15

he was a threat to all underage girls

Kaleva

(38,502 posts)

5. I very much doubt he'll be found guilty of 1st degree murder

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:31 PM

Oct 15

Lunabell

(7,050 posts)

6. If the evidence bears out, it was self defense.

Reply to tulipsandroses (Original post)

Tue Oct 15, 2024, 09:39 PM

Oct 15

I don't know if Arkansas has a stand your ground law, but this is probably a good case for it. Besides, he raped the man's 14 year old daughter. He deserves father if the year, imo.