Why Did Aaron Spencer's Judge Use The Word "Intentional" Instead Of "Negligent"?

Judge Ralph Wilson Jr. had a choice of words. He chose "intentional." Not negligent. Not careless. Not unfortunate. He found bad faith, a pattern of policy violations, "the appearance of a coverup," and a due process violation under both the federal and Arkansas state constitutions. Then he dismissed the murder charge against Aaron Spencer. Two days later, the detective was fired.

The nineteen-page order documents every step. Detective Robbie McCain removed a dashcam from Michael Fosler's truck without photographing it. Pulled the SD card and viewed it on his personal computer — violating the department's own protocol that electronic evidence goes to the AG's forensics unit untouched. Stored the camera in an untaped envelope in his office cabinet instead of the evidence room. None of it logged. None documented. The camera sat there for over a year before it was entered into evidence.

The SD card vanished. When the AG's special agent opened the package, the card wasn't inside. Twelve other SD cards were found across Fosler's property. None was the dashcam card. No copy was ever made. No record of its contents exists. Wilson found a "reasonable possibility" the detective didn't see what he testified he saw.

That dashcam was the only potential neutral record of what happened. Spencer has a Fifth Amendment right not to testify. His daughter's testimony may be affected by trauma. Without the card, the objective record is gone.

Spencer killed Fosler after finding him with his thirteen-year-old daughter. Fosler had been charged with 43 felonies involving the girl and was out on bond with a no-contact order. Spencer has maintained he was protecting his child.

Sheriff John Staley — the thirteen-year incumbent Spencer defeated in the Republican primary — fired McCain the day after the dismissal. Called it a policy violation. The prosecutor is retiring. Wilson flagged a one-month gap in the chain of custody the state called clerical error. Wilson wasn't buying it. The order reads like a roadmap for a federal investigation that hasn't been opened.

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