Man demands lighter sentence for death of his teenage brother

MUSKEGON, MI – A man sentenced to up to 100 years in prison for carrying out brutal punishments that ultimately led to the death of his younger brother is now seeking a lighter sentence.

Paul Ferguson is serving a minimum of 30 years in prison for his role in involving his mother, Shanda Vander Ark, in torturing and starving 15-year-old Timothy Ferguson to death.

Timothy was found dead in a closet in his family's home in Norton Shores on July 6, 2022. He weighed 30 kilograms. Timothy died of severe malnutrition and hypothermia.

RELATED: Timothy's tragic story: Teenager murdered by his mother exposes disturbing gaps in the child protection system

Paul Ferguson and Vander Ark punished Timothy for months by forcing hot sauce on him, putting him in ice baths for hours, depriving him of sleep, and locking the refrigerator and food cabinets.

Ferguson played a crucial role for Muskegon County prosecutors as a key witness who helped secure convictions for Vander Ark on charges of first-degree premeditated murder and child abuse during her trial. She was sentenced in January to life in prison without the possibility of parole.

As part of a settlement, Ferguson pleaded guilty to first-degree child abuse.

At the time of the plea, prosecutors said they would support asking the judge to impose a sentence within the guidelines, which records show is 9 to 15 years in prison.

Ferguson was sentenced to 30 to 100 years in prison in February.

According to documents filed this week in Muskegon County District Court, Ferguson's appellate attorneys are now asking the court to correct an invalid verdict and resentence him. MLive/Muskegon Chronicle obtained a copy of the motions.

RELATED: Man asks judge for mercy after being sentenced to prison for torturing his brother to death

Appellate attorneys Jason R. Eggert and Dominica R. Convertino argue that Ferguson's constitutional rights were violated when the presiding judge requested copies of all text messages from the Muskegon County District Attorney's Office, the motion states.

Before handing down Ferguson's sentence, Muskegon County District Court Judge Matthew Kacel said he had read 2,000 pages of text messages between Vander Ark and Paul Ferguson.

For months, the two defendants discussed how and why they would punish the boy.

Citing case law, the defense claims that Ferguson's rights were violated because the judge requested copies of the messages and took the texts into account when making his ruling.

The defense is demanding that Kacel recuse himself from all future proceedings against Ferguson and grant Ferguson's motion for re-sentence.

RELATED: Case of Michigan boy tortured to death by his mother and brother featured in Court TV show

Lead trial attorney Matt Roberts said his office is preparing a response to the motions.

“As for the denial, we believe Judge Kacel can fairly decide the motions,” Roberts said in an email to MLive/Muskegon Chronicle.

As of Wednesday, August 28, no hearings had been scheduled.

Ferguson is currently serving his sentence at Oaks Correctional Facility in Manistee.

The infamous Ferguson and Vander Ark crimes were recently featured in a Court TV series called “Accomplice to Murder.” You can watch the full episode here.

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