AR - Aaron Spencer, 36, a man was stalking his 14 yo dau, killed him, faces 1st degree murder charge, Lonoke County, 8 Oct 2024

  • #181
Self-defense is not against the law. Defending your minor child in the absence of law enforcement presence is considered self-defence.

I am trying to phrase it milder. I doubt that he’ll be officially approved. In fact, it can weaken his defense IMO.
 
  • #182
Self-defense is not against the law. Defending your minor child in the absence of law enforcement presence is considered self-defence.
I will be interested to learn at trial if that is true even if one has not even called or given law enforcement a chance and goes chasing after the situation. He wasn't defending himself; he was retrieving his daughter who'd left of her own free will and he killed to get her back. Would she have left willingly had he not killed and left her no choice?

Yes, the sex offender taking the daughter, even willingly, was wrong. Under what specific set of circumstances will be interesting as the details are revealed at trial. I'm thinking we will learn a lot about law and exactly what constitutes self defense.
 
  • #183
I will be interested to learn at trial if that is true even if one has not even called or given law enforcement a chance and goes chasing after the situation. He wasn't defending himself; he was retrieving his daughter who'd left of her own free will and he killed to get her back. Would she have left willingly had he not killed and left her no choice?

Yes, the sex offender taking the daughter, even willingly, was wrong. Under what specific set of circumstances will be interesting as the details are revealed at trial. I'm thinking we will learn a lot about law and exactly what constitutes self defense.
Number one, people who live in rural areas do not have time to wait for someone to come rescue them. That is not a condition of self-defense. Secondly, a minor child does not have "freewill" to leave with an adult male who they have a protection order from. Thirdly, I already explained that "self-defense" here applies to defending the minor child who was in possession of her rapist whom she had a protection order from. There is no defense for the RAPIST here. None. It is absolute idiocy to believe that a parent should sit back and weakly allow a person to take their child. It is unreal to me that anyone should have to justity rescuing a minor child from a rapist. Sick.
 
  • #184
Number one, people who live in rural areas do not have time to wait for someone to come rescue them. That is not a condition of self-defense. Secondly, a minor child does not have "freewill" to leave with an adult male who they have a protection order from. Thirdly, I already explained that "self-defense" here applies to defending the minor child who was in possession of her rapist whom she had a protection order from. There is no defense for the RAPIST here. None. It is absolute idiocy to believe that a parent should sit back and weakly allow a person to take their child. It is unreal to me that anyone should have to justity rescuing a minor child from a rapist. Sick.
I am in no way whatsoever defending the rapist. I am in no way questioning the father's right to retrieve his daughter. I am curious as to what the law says about the father shooting the rapist dead when he retrieved his daughter. Did the rapist draw a gun on the father? I really don't knkw the answer to that. Did he fight having the daughter returned? Did the man refuse to let the daughter go? Did the father kill the man because ot was necessary to retrieve his daughter or mainly to insure they never ever saw the man again?

These are things that most likely will be brought up in trial. It will be interesting to learn what the law on "defense" is in this particular case with this particular set of circumstances. I really don't know the answers.
 
  • #185
Number one, people who live in rural areas do not have time to wait for someone to come rescue them. That is not a condition of self-defense. Secondly, a minor child does not have "freewill" to leave with an adult male who they have a protection order from. Thirdly, I already explained that "self-defense" here applies to defending the minor child who was in possession of her rapist whom she had a protection order from. There is no defense for the RAPIST here. None. It is absolute idiocy to believe that a parent should sit back and weakly allow a person to take their child. It is unreal to me that anyone should have to justity rescuing a minor child from a rapist. Sick.
When he located the vehicle he never called 911, but he either called or texted his wife IIRC.

I’m not defending the rapist/predator when I look at or question Aaron’s actions that night.

I haven’t seen anyone here suggest Aaron should have weakly allowed his child to be taken? He wasn’t aware she left the home until after she was gone. This was a search, then later a pursuit.

Now you’re saying posters who question something contrary to your own opinions are sick? Really?
 
  • #186
When he located the vehicle he never called 911, but he either called or texted his wife IIRC.

I’m not defending the rapist/predator when I look at or question Aaron’s actions that night.

I haven’t seen anyone here suggest Aaron should have weakly allowed his child to be taken? He wasn’t aware she left the home until after she was gone. This was a search, then later a pursuit.

Now you’re saying posters who question something contrary to your own opinions are sick? Really?
I'm sure we'll learn more horrid details when this goes to trial. One thing that is being overlooked here is that the parents feared the rapist had taken the girl to finish her off so she could not testify against him. I sincerely hope that neither I, or anyone else, is ever in this horrible situation that was not of anyone in this family's making. I would hate to have to find out what I would have to do in such a moment like this. I hope I never know that kind of terror. As far as my comment about
"weakly allowing his child to be taken" you have missed the point. He pursued the man, caught up to him and took his daughter back. If seems as thought some feel he should have waited at home for LE to arrive at his home and then go find her body. I hope I have explained it well. This is why I won't sit in judgement of this dad who never asked for the horror. This rapist would not be dead if he had not violated this child and continued to violate the sanctity of this family's home. He brought it all on himself. Bottom line.

I never called any poster sick. I do not now, nor have I ever engaged in name calling on WS or any platform.

I said, and I quote,
"It is unreal to me that anyone should have to justify rescuing a minor child from a rapist. Sick.
Translation: it makes me sick that anyone has to justify rescuing a child from a rapist.


Hope that clears it up.
 
  • #187
I'm sure we'll learn more horrid details when this goes to trial. One thing that is being overlooked here is that the parents feared the rapist had taken the girl to finish her off so she could not testify against him. I sincerely hope that neither I, or anyone else, is ever in this horrible situation that was not of anyone in this family's making. I would hate to have to find out what I would have to do in such a moment like this. I hope I never know that kind of terror. As far as my comment about
"weakly allowing his child to be taken" you have missed the point. He pursued the man, caught up to him and took his daughter back. If seems as thought some feel he should have waited at home for LE to arrive at his home and then go find her body. I hope I have explained it well. This is why I won't sit in judgement of this dad who never asked for the horror. This rapist would not be dead if he had not violated this child and continued to violate the sanctity of this family's home. He brought it all on himself. Bottom line.

I never called any poster sick. I do not now, nor have I ever engaged in name calling on WS or any platform.

I said, and I quote,
"It is unreal to me that anyone should have to justify rescuing a minor child from a rapist. Sick.
Translation: it makes me sick that anyone has to justify rescuing a child from a rapist.


Hope that clears it up.
Thanks for clarifying your opinions and comment, appreciate that.
 
  • #188
It seems to me he isn’t being asked to justify rescuing a (his) child from a rapist; he is being required to explain via legal proceedings why that involved killing the rapist. Those proceedings could find his actions were completely justified but that wouldn’t negate the need for the proceedings. Imo
 
  • #189
It seems to me he isn’t being asked to justify rescuing a (his) child from a rapist; he is being required to explain via legal proceedings why that involved killing the rapist. Those proceedings could find his actions were completely justified but that wouldn’t negate the need for the proceedings. Imo
The latest filing related to Aaron's defense is attached below, along with the State & Defense filings on evidence to be presented at trial.

There is also some back and forth going on with Lamine filings, regarding each side's intent to call various expert witnesses.
 

Attachments

  • #190
It seems to me he isn’t being asked to justify rescuing a (his) child from a rapist; he is being required to explain via legal proceedings why that involved killing the rapist. Those proceedings could find his actions were completely justified but that wouldn’t negate the need for the proceedings. Imo
It would seem logical that in order to rescue the child that some force (lethal or otherwise) would be needed in this case, due to the rapist's obsession and determination, knowing the details that we know. It's a shame that the rapist didn't undergo the same scrutiny for his actions.


“We absolutely called 911 during the entire event,” she wrote. “We had no idea this man was in contact with our child again. He was waiting 6-9 felonies for what he did, not 2. He was looking at the rest of his pathetic life in jail, and our daughter was the only witness.”

“Some things we will never know, but we know that the police department afforded this predator privacy they did not give our family,” she wrote. “I’m deeply offended by the way this was handled by the county sheriff's office.”

and then there is this...

"On Thursday morning, the woman thanked community members. She also thanked the other victims who reached out to her with claims that the same man attacked them.

“We have gotten a clear picture of a predator who continuously worked with children and preyed on young girls,” The woman wrote. “This man was Chief of police in Indiana and resource officer, giving us a better idea of why the Lonoke county courts have been protecting him and going after my husband.”

JMO
 
  • #191
What matters is what exactly happened on the THE DAY. If they PROVE that Spencer had set this all up, there is an argument that this was vigilante justice and against the law. If there is no proof that Spencer set this up, and it seems that Folser genuinely groomed or kidnapped the daughter and Spencer found them, IMO there is no case at all against Spencer. It is not vigilante justice and is instead self-defense (not saying legally, just my personal interpretation).

The family called 911 and they feared for their daughter's life (and probably Spencer's life too, who knows what else someone like Folser would be capable of, especially in those circumstances). If it was a genuine scenario and they already called the cops, what exactly was the Spencer family suppose to do? Wave at the car passing by, let them get away while they wait for LE to show up? I actually would like to hear what people think should happen in that instance.

Again, if it was a deliberate setup, that changes things.
 
  • #192
>snip< If it was a genuine scenario and they already called the cops, what exactly was the Spencer family suppose to do? <snip<
Maybe...AFTER he released the daughter from the car, hold him at gunpoint until the police arrive?

I'm not saying this as a certainty, but we really don't know if the man was even given the opportunity to release the daughter, do we?
 
  • #193
Maybe...AFTER he released the daughter from the car, hold him at gunpoint until the police arrive?

I'm not saying this as a certainty, but we really don't know if the man was even given the opportunity to release the daughter, do we?
Or follow the vehicle while on the phone with 911.

But I can also see the other side of that situation. Maybe cell signal dipped in/out due to location, or if Aaron thought Fosler was going to unalive himself/his daughter - time would have been critical.

The information the State has brought forward in their filings, does give me reasonable doubt which I didn't have previously. I think this case will utimately be one that turns on expert witness testimony, and whether jurors can overcome how vile a human being Fosler really was. It will invoke strong emotions in the jurors, MOO.

The worst part, would be if his daughter has to testify in open court. Hoping there is a workaround for that.
 
  • #194
During a lengthy pre-trial hearing, attorneys argued over cellphone data, police body-camera video, and whether allegations of child sexual abuse belong before a jury in a case that does not include a sex-crime charge.


More at link. Hearing continues tomorrow morning.
 
  • #195


Seems the investigation was pretty sloppy, the prosecution is going to have a hard time explaining the missing SD card to the jurors. If LE screwed that up ...
 
  • #196


Seems the investview.igation was pretty sloppy, the prosecution is goingncer to have a hard time explaining the misvehicle?sing SD card to the j urors. If LE screwed that up ...,lll
So the altercation was in front of Fosler's vehicle, ie his dash cam sd was missing. I don't know why I got it in my head that Spencer drove up behind Fosler then pulled Fosler out. I'll have to review.
 
  • #197
I don’t have a dashcam and don’t know how they work. Does it always run, do you turn it off and on? Would it have caught him picking up the minor at her house, have audio of their conversation?

Losing a key piece of evidence like the SD card makes the detective seem sloppy at best, or intentionally making evidence disappear at worst.

As a juror, this would cause me to have doubts about the whole investigation. I would think it may have been “lost” because it proved something that didn’t align with the prosecution’s narrative. The detective also said he didn’t watch all the video, so he can’t even testify as to what was on the card.

Why didn’t the DA’s office have a copy of this evidence right off the bat? Wouldn’t they have wanted to know what happened on camera that night?
 
  • #198
I don’t have a dashcam and don’t know how they work. Does it always run, do you turn it off and on? Would it have caught him picking up the minor at her house, have audio of their conversation?

Losing a key piece of evidence like the SD card makes the detective seem sloppy at best, or intentionally making evidence disappear at worst.

As a juror, this would cause me to have doubts about the whole investigation. I would think it may have been “lost” because it proved something that didn’t align with the prosecution’s narrative. The detective also said he didn’t watch all the video, so he can’t even testify as to what was on the card.

Why didn’t the DA’s office have a copy of this evidence right off the bat? Wouldn’t they have wanted to know what happened on camera that night?
I wonder if any LE ever saw it, the SD. Fosler could have taken the SD memory out before he picked up the minor, then a naive LEO could have just recoveted the dashcam, not even knowing about the internal SD. That would be extremely stupid of F to keep it running during sucj a crime. But I don't understand the atty saying they could still hear the audio. That should be on the sd card too.

I just reread it, defense atty does say they can still use the audio. That's beyond my knowledge of dash cams, having a separate copy of just the sound. Which would akso be exceedingly stupid to keep running while he kidnaps a minor.
 
Last edited:
  • #199
I wonder if any LE ever saw it, the SD. Fosler could have taken the SD memory out before he picked up the minor, then a naive LEO could have just recoveted the dashcam, not even knowing about the internal SD. That would be extremely stupid of F to keep it running during sucj a crime. But I don't understand the atty saying they could still hear the audio. That should be on the sd card too.

I just reread it, defense atty dies say they can still ise the audio. That's beyond my knowledge of dash cams.


McCain testified he removed the SD card and reviewed four 15-minute videos, but he admitted he did not watch them in full, contradicting his affidavit.
 
  • #200
"While the defense said sound from the video would let us know what happened in real-time. "

Ok I think they mean that if the SD card would have been preserved (and assuming the camera was on), the camera would have picked up the sound even while the camera wasn't aimed at anyone, before and during the fight. Duh
 
Last edited:

Guardians Monthly Goal

Members online

Online statistics

Members online
205
Guests online
1,740
Total visitors
1,945

Forum statistics

Threads
636,938
Messages
18,706,672
Members
243,975
Latest member
N S Sherlock
Back
Top