Prosecutor asks decide to impose life sentence without parole for Shanda Vander Ark

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Prosecutor asks decide to impose life sentence without parole for Shanda Vander Ark


I want to preface this by saying that those of us involved in the justice system including the defendant know what sentence the court is going to oppose here at least for that first degree murder charge and it is a sentence which is as warranted in this case as ever there was a case that life without parole is the only sentence that Miss.

Vander Arc should receive I I wanted to stand here for two reasons I wanted to stand here up here at this Podium next to Millie and next to Nolan as they gave their statement for two reasons one to show that we support them that we support whatever whatever statement they wanted to make here today but I also wanted to see Miss.

Vanar she didn't look over her kids once not once during this entire process did she look over at her children and that speaks volumes because this case has always struck me that it's impossible as a parent let alone as a human human being to understand the depths of the depravity that it took for us to come.

Here today all of the things that she did or all of the things that she withheld or all of the things that she directed her other son to do are so so callous and so cold that they just defy explanation and I convinced myself that the only thing that could make any sense is that on some level she had stopped.

Thinking of her children as human beings and frankly her not looking over and not not even wanted to express some type of emotion or some type of remorse or some type of recognition of those two older children that she had a hand in raising and who spoke so eloquently and so beautifully and so passionately here today just reflects what I guess we.

Already feared and already knew about Miss Vander AR by a long margin this case has been the most difficult case that I've ever worked on as prosecutor there are few people that have had any contact with this that wouldn't say the same thing whether it's police officers whether.

It's the First Responders whether it's the paramedics or the firefighters who were on the scene who all needed counseling to get through it to the prosecutors that have looked at this to the other attorneys that have looked at this to to anyone you talk to nobody can look at this and understand any of this and certainly nothing in Miss Vander.

Arc's testimony we know it wasn't persuasive for the jury and nothing in her testimony can provide any real insight into what was going on here again other than might what I feel is the conclusion here is that her children were just not people to her that she just stopped thinking of them as that they were certainly Timothy was just an.

Obstacle to her it was a challenge that she was going to win she was not going to let Timothy win wi and she said it over and over again in the text messages and it's just unfathomed again I know the court has no discretion to impose and and we certainly welcome and stand wholeheartedly behind the court here.

Having to impose the life without parole sentence but I would say this the court does still have some work to do because it does have to impose a sentence for that first degree child abuse case and as the court is aware and we have not contested the guidelines in this case they call for a minimum sentence of between 135 and 225.

Months but I submit to the court if ever there was a case if ever there was a case where the guidelines don't even come close to reflecting the charge it's this case if not this case then I can't even fathom what case it would be even with the offense variable scored it nearly double what would be necessary to maximize that.

Score that still doesn't even scratch the surface of what this woman did I I don't know frankly what number to suggest to the court for years I I practiced in front of Judge Hicks I know that your honor did as well and judge Hicks would frequently throw out numbers.

When he was discussing the discretion that the court has for Life offenses to throw out just numbers that that just seem ridiculous they don't seem ridiculous in a case like this they just don't because nothing again can touch what this case was nothing will bring Timothy back we all know that we can't escape that tragedy.

That that the time for that has passed but I would ask the court to send a message here that reflects how heinous how callous how cold use whatever adjective you want to describe these actions that even for that first-degree child abuse case that's what this sentence should reflect and those guidelines just don't even come.

Close so I leave it in the Court's discretion here and again knowing that despite what decision it makes on that charge it has no discretion would be life without parole sentence and the only Solace I take away from this and I hope all the relatives and all the loved ones and all the people that cared about Timothy know that the only thing we can.

Do at this point and the only thing this court should do at this point is to make sure that Miss Vander Arc never sees a day of Freedom again thank you thank you rupt

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