Man punished 5-year-old with 'rec time' in severe heat: Cops
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Background: The Gage County Courthouse in Beatrice, Neb. (Google Maps). Insets (left to right): Timothy Lee Erks and Heather Lorraine Peterson (Gage County Sheriff’s Office).

A man from Nebraska will continue to remain in custody after prosecutors presented their charges against him in court, detailing an alleged disturbing pattern of abuse that led to the demise of a 5-year-old child.

Timothy Lee Erks, 31, was apprehended in June on charges including felony child abuse after the unresponsive son of his girlfriend, aged 5, was admitted to the hospital. The child died a week later after being pronounced brain dead. His mother, 30-year-old Heather Lorraine Peterson, was similarly arrested and charged with felony child abuse.

As reported by a search warrant obtained from local CBS affiliate KOLN, prosecutors exposed a toxic household environment managed by Erks and Peterson, which allegedly inflicted harm on both the 5-year-old boy and Peterson’s 1-year-old daughter.

In the most recent search warrant, prosecutors indicated that following Peterson’s hospital visit in Kansas with her son, he was moved to Children’s Mercy Hospital in Kansas City, Missouri, due to the grave injuries assessed by the medical personnel. The warrant stated that the child endured “profound” brain injuries, fractured ribs, a bloodied eye, as well as numerous contusions and abrasions on his body. Furthermore, the warrant suggested that authorities suspect the child was lashed across his back.

After he died, an autopsy revealed a “torn pancreas and severely damaged buttocks,” which authorities believed was a result of violent spanking.

Upon the examination conducted in the hospital, medical workers also assessed Peterson’s 1-year-old, uncovering “significant patterned bruising” that aligned with severe spanking, according to the prosecutors. The infant was removed from Peterson’s care and placed under the jurisdiction of Missouri’s Department of Health and Human Services. Peterson subsequently absconded to a homeless shelter, leading to a warrant being issued for her capture.

As the investigation into the couple’s home in Liberty, Nebraska, progressed, even more evidence of abuse towards the 5-year-old boy was allegedly found. Gage County Sheriff’s deputies reported that Erks had a short temper toward the boy because of issues with incontinence and disobedience. Erks would allegedly punish the boy by forcing him to walk back and forth outside in the severe heat; this punishment was reportedly referred to as “rec time.”

On June 21, a Saturday, the boy allegedly got heatstroke during “rec time” and passed out when the temperature reached more than 100 degrees. According to the warrant, Erks reportedly gave the boy the choice of doing chores or “rec time” the next day — and he refused to do either. Erks then allegedly threw the boy out the door “like a sack of potatoes,” with the boy crying out once before losing consciousness, according to Peterson.

When Peterson told Erks she was going to use his truck to take the boy to the hospital, he refused, reportedly telling her “he needed to use it on Monday.” Peterson took the boy to the hospital anyway.

Other instances of abuse described in the warrant were hourslong “time-outs” for both children that would go from 8 p.m. to sunrise the next day. The boy was also allegedly seen on security cameras at the home tied up with a diaper taped to him.

When sheriff’s deputies went to find Erks at his home on June 23, he was not there. According to the sheriff’s office, he was spotted in a vehicle driving on a highway and pulled over. After being interviewed by deputies and an investigator, Erks was taken into custody on charges of child abuse and assault.

Erks is currently charged with committing intentional child abuse to cause death, two additional counts of child abuse, and false imprisonment. A judge revoked his bond, which had originally been set at $100,000.

Peterson was arrested by U.S. Marshals in early August and is now in custody at the Gage County Detention Center. During her arraignment on Monday, her bail was set at $2,500.

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