Can Aaron Spencer's Defense Win? Bob Motta on Self-Defense, Prior Threats, and Murder Law

Aaron Spencer killed Michael Fosler. That's not in dispute. The question is whether it was murder or the lawful defense of a child. Spencer faces second-degree murder—purposeful killing without premeditation under Arkansas law. His defense is that he saved his 14-year-old daughter from a man charged with raping her, a man out on bond with 43 counts pending, a man who had no legal reason to be anywhere near that child.

The prosecution has ammunition. Rule 404(b) evidence shows Spencer allegedly made statements three months before the shooting about what he'd do if Fosler came near his daughter again. That's their premeditation angle. The defense has to counter that while arguing Spencer acted reasonably when he found his missing daughter in her alleged rapist's vehicle at 1 a.m.

Defense attorney Bob Motta joins True Crime Today to break down how defense-of-others claims work in practice, what the jury needs to hear, and whether "you should have called 911" is a viable prosecution argument when a child is in immediate danger. We examine how to use Fosler's criminal history without creating a vigilante narrative, how Spencer's prior statements can be contextualized, and what the political elements—Spencer running for sheriff against someone who worked with the removed judge—mean for trial strategy.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.