Attorneys for an Arkansas father accused of fatally shooting his 14-year-old daughter's alleged stalker will likely receive a reduced charge, experts say.
Aaron Spencer, 36, reported his daughter missing last Tuesday, and Lonoke County Sheriff's Office agents were dispatched to the home. But along the way, Spencer found her daughter in the car of Michael Fossler, 67, and learned that her father had shot the other man in the ensuing crash.
Spencer was arrested and booked into the Lonoke County Jail on preliminary suspicion of first-degree murder, a Class Y felony. He was released the next day after posting bail.
Spencer's wife, Heather, wrote on Facebook that Fosler had a “no contact” order against her 14-year-old daughter for stalking and raping her over the summer, and that she and her husband feared Fosler would kill her. I wrote that I was afraid that Before Tuesday's confrontation, she said she and her husband were unaware that Vossler had been in contact with minors again.
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Aaron Spencer is accused of killing the man he suspected of abducting his daughter. (Lonoke County Detention Center)
“We absolutely called 911 throughout the event,” she wrote. “We had no idea that this man was coming into contact with our child again. He was facing six to nine felonies for his actions, not two felonies. He spent the rest of his pathetic life in prison, and our daughter was the only witness.'' ”
Spencer's wife could not be reached for comment.
Lonoke County Sheriff John Staley said. USA Today Vossler was arrested by another agency in July on charges of child stalking and sexual assault, and was released on $50,000 bail, police said.
The sheriff said his department is investigating the shooting.
“If we arrive at the scene and a murder has occurred, that means someone has taken the life of another person,” Staley told the outlet. “Either it's justified or it's not. That's the fact finding and that's what the investigation will reveal.”
The Lonoke County Prosecutor'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 attorney has no option but to spend time in prison. He said there are several discussions that could significantly shorten or even eliminate it. .
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“Aaron Spencer's defense team will make a clear case for so-called passion, which is the defense in Arkansas, and what that really means is that Spencer committed the murder charge in the midst of an emotional turmoil. That's true,” Claypool said Monday. .
“In the heat of passion, a charge of first- or second-degree murder can be reduced to manslaughter,” Claypool continued. “That would be a big problem for Aaron Spencer because it could mean the difference between being convicted and serving 30 years to life in prison, or five to 20 years in prison.”
Claypool said the timeline of the shooting that Lonoke investigators are currently putting together will play a key role in this defense.
“If [if Spencer] I went out to dinner for a few hours, went to the movies, showed up 5 hours later and shot Vossler. [after finding out that he was with his missing daughter]he may have difficulty discussing the heat of passion, he said.
Claypool said Spencer's lawyers could argue that his client shot Fossler in self-defense, which could invalidate the murder charge entirely.
“Most self-defense laws across the country require that a person who uses deadly force be in imminent fear of great bodily harm to themselves or a family member,” Claypool said. explained.
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Sheriff John Staley said Aaron Spencer has not been formally charged and that prosecutors will decide what charges to bring. (Google Maps)
“Spencer would claim, 'I am.' [was] scared [and] want[ed] So that my daughter can live this life one more day. “I had to shoot this guy, Vossler, before he hurt my daughter,” Claypool said. “The other way is if, for example, Fossler moves towards Spencer and we find evidence that Foster had some kind of weapon,” or if he makes threats against Spencer or threatens to harm his daughter. He threatened her and said, “Hey, if you try to get me, I'm going to kill your daughter.'' Then perhaps Spencer could use lethal force at that moment to kill him. ”
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Lonoke County Sheriff John Staley said the investigation is ongoing. (Lonoke County Sheriff's Office Facebook page)
Claypool said the way law enforcement responded to the Spencer family's calls for help should be scrutinized before the trial.
“The shooting incident requires a separate investigation,” he said. “If a whole day goes by and the Spencer family tells law enforcement, 'Hey, she's with a guy who's been charged with rape,' he's going to be on trial for that… We need an explanation from the entire community and from the country about what happened next.
“Where was law enforcement sent to find her? How long did it take? What efforts were made to find this 14-year-old girl?”
