Paul Ferguson: Michigan man get 30 to 100 years in prison for aiding mother in killing younger brother
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MUSKEGON, MICHIGAN: Paul Ferguson, 21, testified against his mother Shanda Margaret Vander Ark, 44, over her "sadistic" killing of his 15-year-old brother Timothy Ferguson, but on February 26, a Michigan judge rejected his cooperation, calling it an attempt to spare himself from a significant prison term.
Ferguson was the "enforcer" for the three of them while they shared a house, according to references made in court.
Judge Matthew Kacel told the young man, "I think you're just as bad, if not worse," and sentenced him to 30 to 100 years in prison with 592 days of credit for time served.
Shanda Margaret Vander Ark gets life imprisonment
Ferguson had entered a guilty plea to charges for his involvement in Timothy's death, however, the judge was free to impose a sentence that deviated from the guidelines, Law&Crime reported.
The mother, Vander Ark was sentenced to life in prison without the possibility of parole for starving and torturing Timothy to death. She will spend the remainder of her days behind bars.
According to evidence presented during the trial, Timothy died in what amounted to his room, a tiny closet beneath the basement stairs, and his mother described him as "pathetic" in his last hours.
During the sentencing hearing in January 2024, Judge Kacel told her, “You knew exactly what you were doing." He detailed the series of mistreatment that Timothy endured at the hands of Vander Ark.
The horrible acts involved depriving him of sleep, giving him ice baths, making him throw up, placing tight time limits on using the bathroom, making him sleep in a closet, making him eat bread dipped in hot sauce, putting Tabasco in his mouth, making him perform wall sits, and constantly watching him.
The judge refuted any suggestion that this was carelessness or similar behavior. He said Vander Ark had a purpose. “Without him, you have no one to torture,” he said. She kept the child hidden from his grandparents and another child living in the house.
The judge stated that she gave up on her threat to force the victim to drink salt water because she did not want to give him an "excuse" to sit on the toilet due to diarrhea, not because it was wrong.
“That was your justification,” he admonished. “Not that it would hurt him.”
Paul Ferguson admitted his involvement in crime
Following Timothy's death, his brother consented to testify against their mother, but he also admitted to first-degree child abuse, acknowledging his involvement in the abuse.
In court, texts exchanged between the mother and her older son were used against her. Adhering to the conditions of the plea deal, the prosecution requested that the judge apply the guidelines for sentencing.
Although prosecutors acknowledged that a presentencing report had stated that Ferguson had a difficult childhood, they also cited analysis suggesting that Ferguson may have an anti-social personality disorder and that, if left untreated, would pose a risk to the public in the future.
The state described Ferguson's apparent propensity to mistreat Timothy without regard to Vander Ark as "frankly scary" on Monday, February 26.
Mother Shanda Margaret Vander Ark was recognized as 'main abuser'
The defense portrayed Vander Ark as the main abuser, claiming that since she had graduated from law school with honors, she was better able to judge what was right and wrong than her son.
The defense contended that Ferguson and his siblings were abused and forced into a life of secrecy, having been victims of their mother for years, and claimed that Ferguson was socially isolated from his peers and had little meaningful interaction with people outside of his home.
According to the defense, Ferguson expressed regret, puzzled over how he could have done this, and acknowledged that it was wrong once the seriousness of the situation hit him.
Nonetheless, Judge Kacel claimed that texts between Ferguson and Vander Ark demonstrated their cooperation in the abuse of Timothy. According to the available evidence, Ferguson was a bully who delighted in torturing his brother.
He expressed his doubts about Ferguson's sincerity. Rather, the judge insisted that the 21-year-old offender was sorry for getting discovered.
Kacel emphasized that Ferguson could have gotten Timothy out of the house, asked for assistance, brought food home, and had a job.