Three months before Aaron Spencer stopped Michael Fosler from taking his daughter, he stood in front of Lonoke County deputies in complete shock. His 13-year-old had just disclosed that Fosler — a 67-year-old man — had assaulted her. Body cameras captured everything. And in that moment of devastation, Spencer said something prosecutors now want to use against him: "Sometimes you've got to handle things yourself."

The state is calling that premeditation. They want a jury to believe a father processing the worst news of his life was actually announcing a plan. But here's what that argument ignores — Spencer was watching the system fail his daughter in real time. He was asking deputies what kind of sentence Fosler would realistically get. He was learning that the man who violated his child would likely walk free. That's not a confession. That's a father realizing no one was coming to help.

Three months later, Fosler was out on bond with 43 felony charges. He had a no-contact order. And in the middle of the night, Spencer's daughter ended up in Fosler's truck heading toward Fosler's house. This wasn't premeditation — this was a kidnapping in progress. Spencer responded the way any father would when the system that was supposed to protect his child let a predator walk free and come back for her.

This is what's called a 404(b) motion — a fight over whether prior statements can be used as evidence of intent. If the judge lets this footage in, prosecutors get to frame a grief-stricken father as a calculated aggressor. The defense has to convince the court that what the jury would actually be hearing is a man in crisis, not a man making threats.

The ruling could define the entire trial.

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