What Happened To The SD Card That Could Have Settled The Aaron Spencer Case?

The dashcam in Michael Fosler's truck was the one piece of evidence that could have objectively recorded the final encounter between Aaron Spencer and the man Spencer says he killed to protect his thirteen-year-old daughter. Detective Robbie McCain pulled the camera off the windshield without photographing it. Removed the SD card and viewed it on his personal computer — violating department protocol confirmed by his own commanding officer. Stored the camera in an untaped envelope in his office cabinet for over a year instead of the evidence room. Never logged it. Never documented it.

The SD card disappeared somewhere between McCain's office and the Attorney General's forensics lab. When the AG's special agent opened the package, the card wasn't there. Twelve other SD cards were recovered across Fosler's house and truck in separate searches. None was the dashcam card. No copy of the card's contents was ever created. No record of what was on it exists.

Judge Ralph Wilson Jr. documented every step in a nineteen-page order. He didn't call it negligence. He called it intentional. He found bad faith, a pattern of policy violations, and a due process violation under both federal and state constitutional law. He wrote that the dashcam footage was the only potential neutral record of what happened — because Spencer has a Fifth Amendment right not to testify and his daughter's testimony may be affected by trauma.

Spencer shot and killed Fosler after finding him with his 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. The murder charge was dismissed.

Two days after Wilson signed the order, Sheriff John Staley — the thirteen-year incumbent Spencer defeated in the Republican primary — fired Detective McCain. The sheriff's office cited policy violations without confirming a connection to the dismissal. The prosecutor who pushed the case is retiring. Wilson flagged a one-month gap between when the sheriff's office says they shipped the camera and when the AG says they received it. The state called it clerical error. Wilson wasn't buying it.

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