Self-defense sometimes has consequences

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I often write on self-defense and firearm-related issues, including concealed carry for defense of self and others. We’re all individually responsible for knowing the law wherever we live and travel, but understanding I’m not a lawyer, deadly force may lawfully be used when one is encountering an imminent threat of serious bodily injury or death to self or another. Kidnapping and rape are generally considered to embody that threat.

That said, the devil is always in the details, which include the events of any deadly force encounter and the letter and interpretation of the laws that might apply. That’s why in writing about such things I virtually always warn that it’s best to do everything possible to avoid using force of any kind. If that means going out of your way to avoid potential trouble, staying away from some places and people, even appearing a bit cowardly, doing that is smart and self-preserving.

There’s always a moral component to any use of force, but it’s the legal component that can be ultimately destructive. One can be nearly certain the application of deadly force in self-defense plainly lawful under the laws of blue states will be prosecuted. The lives of violent criminals or the criminally insane in such places are often deemed of greater value than the lives of honest citizens. And even if charges are eventually dismissed, or one is acquitted, the process, and the horrendous cost of legal representation, to say nothing of social costs, are always the punishment.

Worse, such abusive prosecutions can occur even in red states, as PJ Media reports in the case of Aaron Spencer.

Spencer awoke at 0100 one morning to find his 13-year-old daughter missing. He quickly spotted her in a vehicle driven by 67-year-old pedophile and rapist Michael Fosler, and the chase was on. Fosler had been grooming and abusing Spencer’s daughter and was facing 43 counts for those crimes. Spencer was able to run Fosler off the road and shot and killed him with his Glock 19:

Graphic: Glock 19, Author

Spencer then stated that he exited his vehicle with his firearm in hand and ordered Fosler out of his vehicle and to lay down in the ditch. Spencer stated that he observed his daughter trying to exit the passenger side of the vehicle, but it appeared that Fosler had grabbed her and stopped her from getting out. Spencer then stated that Fosler exited his vehicle and had something in his hand, but [Spencer] did not know what it was. Spencer stated that Fosler then lunged towards him, saying “fuck you.” Spencer stated that he then opened fire on Fosler, emptying his weapon before jumping on top of [Fosler] and pistol whipping him. Spencer then stated that he got his daughter out of the vehicle and returned to his truck where he reloaded his weapon and called 911.

Spencer was charged with murder. He won the Republican nomination for sheriff in his county while out on bond awaiting trial. The prosecution contended that rather than rescue his daughter, Spencer should have called the police and let them try to find her.

Spencer's attorneys, according to the Post, have never denied that Spencer killed Fosler, but defended his decision to do so in the midst of the kidnapping crisis. Spencer decided to run for Lonoke County sheriff after he said he realized "the system failed" him and his daughter. He won his GOP primary in March and is likely to win the general election in a heavily red area to the east of Little Rock.

Fortunately, actual justice prevailed:

“The court finds that conduct by law enforcement was so egregious that dismissal of this case is warranted,” Judge Wilson declared when dismissing the case. Spencer was set to go to trial in a few weeks on second-degree murder charges before Wilson’s new decision.

An incompetent and biased previous judge was removed by the state supreme court.

Pedophiles are known for recidivism. No treatment is effective, and when a pedophile gets out of prison, he’s going to do it again. In this case, a man who had already molested Spencer’s daughter was speeding away with her, knowing he’d been spotted by Spencer. No 13-year-old can give consent for sex so violent, unlawful intentions—kidnapping is inherently that—had to be assumed. Kidnappers often kill their victims to eliminate the witness and otherwise cover their crimes. If Fosler managed to get away, knowing he’d been seen, he’d be almost certain to rape and kill the girl to eliminate the main witness to his previous crimes. Any reasonable person would be justified in believing the girl was in deadly danger.

In this case, there was initially for Spencer’s daughter, and eventually for Spencer, a happy ending, but it reinforces an important point: if possible, it’s always best to avoid using force. In this case, it wasn’t, and Arkansas is better for Spencer’s actions.

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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, lifelong athlete, firearm instructor, retired police officer, and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.