NORTON SHORES, Mich. — The woman accused of torturing and ultimately killing her 15-year-old son, Timothy Ferguson, appeared for a preliminary hearing in a Muskegon County courtroom Wednesday morning.
Shanda Vander Ark is charged with open murder and child abuse.
During the preliminary hearing, about 80 pages of text messages between Vander Ark and her older son Paul Ferguson were read in court.
They revealed disturbing new information about the constant neglect Timothy was subjected to before his death on July 6 of last year.
The hearing began with testimony from Norton Shores Police officers who responded to the family's home.
Pictures of the scene were admitted into evidence that showed Timothy deceased on the floor in the basement of the house. Officers believe he was kept inside a small closet that smelled of urine and feces on the lower level with no furniture—just a tarp on the floor.
Pictures show locks were kept on the refrigerator and freezer, and alarms on the closet door.
Officers say surveillance cameras were found that they believe Vander Ark used to monitor the situation at the house.
Timothy was left in the care of his older brother Paul, who is also charged with Timothy's death. Paul frequently expressed frustration with Timothy and said in one text message, "I'm ready to kill Timothy."
The text messages between mother and son accused Timothy of faking his behavior. Those familiar with the family say Timothy is believed to have had special needs. Vander Ark often asked her son Paul via text to throw ice-cold water on Timothy and feed him bread with hot sauce.
"I ended up dragging him back into his small room because I wasn't gonna risk having him access to the tub or things overnight," read one of the texts. "He's still trying to be stupid, but I will tell you more tomorrow while I take you to work, describing how many different ways I can prove that he is faking. He's still doing it though. It's beyond ridiculous."
Another text wondered "how it would it feel to have hot sauce on your private parts?"
Timothy was allegedly still alive just before midnight on July 5. Police were called to the house the following day.
The doctor who performed an autopsy on Timothy testified that he weighed 69 pounds at the time of his death and his body showed signs of malnutrition and hypothermia. His death was ruled a homicide.
"This is not somebody who doesn't have the intellectual capability to properly care for their child," prosecutors concluded. "She has that ability and she chose chose to essentially torture this child to death."
Timothy's older brother, Paul Ferguson also appeared in court Wednesday.
Ferguson admitted to taking part in his brother's punishments "when informed" by his mother via text.
The prosecutors questioned Ferguson about his involvement:
Prosecutor: "Did you notice that he was getting really thin?"
Ferguson: "Yes."
Prosecutor: "Did you say anything to your mom about that?"
Ferguson: "I did. Yes."
Prosecutor: "What did you tell her? What did you try to do?"
Ferguson: "I took pictures of it and sent them to her and told her that--I wouldn't say that I said to stop, but I was trying to hint at it," Ferguson recalled.
Prosecutor: "Had to stop what?"
Ferguson: "To stop feeding him so horribly. Give him something nutritional. Give him what he needed. He didn't deserve this."
Paul Ferguson faces a charge of first degree child abuse in connection to his brother's death.
Vander Ark's case was bound over to circuit court for trial.
The date of her pre-trial had yet to be set at the time of publication but was expected to be announced in the weeks to follow.
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