MUSKEGON, Mich. (Court TV) — A judge denied Shanda Vander Ark’s request for a new murder trial in her son’s death for now, rejecting her claims of mental incompetency during her first trial but giving her a chance to make her case on other grounds.
Vander Ark was sentenced to life in prison without parole plus an additional 50 to 100 years in prison on charges of murder and first-degree child abuse for the July 6, 2022, death of Timothy Ferguson.
Shanda Vander Ark appears in court via video conference in a hearing for a new trial on Friday, July 25, 2025. (Court TV)
Timothy, who at 15 was only 68 inches tall and 69 pounds at the time of his death, was routinely handcuffed, forced to sleep in a closet, left in ice baths for hours at a time and starved, according to testimony.
Paul Ferguson, one of Timothy’s brothers, pleaded guilty to a charge of first-degree child abuse and was sentenced to 30-100 years in prison. Admitting to a pattern of disturbing abuse while testifying against his mother at her trial, Paul said he acted as his mother’s enforcer. When she took the stand, Vander Ark pointed the finger at her son, alleging Paul was the one who concocted the abusive discipline methods in her home.
At Friday’s hearing, Vander Ark’s attorney, Ronald Ambrose, argued his client was unable to participate in her defense after experiencing a “significant downturn in her mental health.” Ambrose said the turn of events should have prompted a suspension of the trial so she could undergo a mental health evaluation. Instead, the trial continued without Vander Ark after her attorney said she waived her right to be present.
MORE | Shanda Vander Ark returns to court, blaming attorney for guilty verdict
Appellate prosecuting attorney Heather Bloomquist countered that the defendant was not entitled to a new trial because she was not denied a fair trial. Bloomquist characterized the defendant’s behavior as “a feigned bout of incompetence” designed to “undermine a jury verdict,” noting the defendant’s legal training and previous similar claims.
Judge Matthew Kacel sided with Bloomquist’s arguments, finding Vander Ark knowingly and voluntarily waived her right to be present. She may have been understandably distressed because of the circumstances of facing trial, the judge said, but that’s not the same as being mentally incompetent to stand trial.
“The court is not held slave to someone being upset,” Kacel said. “A lot of these panic attacks seem to occur in moments where there could be some critical or really prejudicial info that’s coming in.”
Kacel said he watched a recording of the trial so he could observe the defendant’s demeanor. The judge said she appeared “calm” and “collected” and involved in her defense, even when son Paul was testifying. It wasn’t until she faced tough questions from the prosecutor, who showed a picture of her son before his death, that her demeanor changed, the judge said. Vander Ark became sick and vomited upon being shown a picture of Timothy before he died and Kacel ordered a break that lasted two hours.
The trial continued with her redirect and recross before she had a second panic attack and court recessed for the day. The next morning, Vander Ark did not return to court and her attorney said she would waive her appearance for the rest of trial — a waiver that Vander Ark now says she does not remember giving and would not have consented to.
But Kacel expressed doubt over the sincerity of her claims.
“She claims absence of memory but it’s clear to this Court those lapses are self-serving and occurred at times when she was criminally culpable or when she said things that could hurt her defense, so the allegation that she doesn’t remember is rather convenient,” Kacel said.
Kacel denied the motion for a new trial without prejudice on the grounds of incompetency. However, Kacel said Vander Ark raised legitimate concerns about ineffective assistance of counsel and agreed to hold a hearing to explore her claims.
In particular, Vander Ark’s lawyer said his client never consented to arguments for a lesser offense of manslaughter.
The hearing will be scheduled at a later date.
Parts of this story were reported by Court TV’s Emanuella Grinberg and have been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
