Delaware

Woman whose 4-year-old son starved to death ‘genuinely believed’ things would improve

Published

2 years ago

March 19, 2024

Woman whose 4-year-old son starved to death ‘genuinely believed’ things would improve

Estranged from her family, not wanting to bother neighbors and unwilling to contact social services after losing her income, court documents say Mercedes Ferguson told police she and her son lied around her Elsmere-area apartment starving.

This went on for weeks, until the 4-year-old boy began spitting up a brown-like substance in the early hours of Aug. 18, according to court documents obtained by Delaware Online/The News Journal. The child, who she had doted over previously, died later that morning.

When a New Castle County Police investigator asked her if she had concerns that her son hadn’t been eating, court documents claim the 31-year-old woman “genuinely believed she could turn things around.”

“Mercedes stated she never thought things would go this far or get this bad,” the police detective said in court documents. “Mercedes advised she believed the child was fine until he began throwing up the brown-like substance.”

Police did not disclose the child’s name.

Despite medical providers and others previously making her aware of resources available to her and her son, court documents indicate Ferguson did not attempt to seek any help. Furthermore, when an investigator asked the woman if she considered a homeless shelter or going to the hospital, she told the detective that with no cellphone service she was unable to search things, adding she believed hospitals and 911 were for emergencies only.

Ferguson now faces a charge of first-degree murder by abuse or neglect — a felony charge that carries a sentence of life in prison. Ferguson, whose preliminary hearing is scheduled for Tuesday morning, remains at Delores J. Baylor Women’s Correctional Institution after failing to pay a $1 million cash bail.

Once a ‘doting parent’

There was a time Ferguson had been viewed as a devoted mother.

Her son was a picky eater, staff at his preschool told police investigators, but noted Ferguson seemed over accommodating and described her as a “doting parent who often pacified her son’s needs.”

The only concern staff had, was that he had a developmental delay, specifically with his speech. But other than that, staff told investigators they had no concerns for his hygiene or nutrition and did not see any social issues in the well-groomed boy.

No concerns were relayed to investigators by staff at Nemours Children’s Hospital, Delaware, where the boy had been treated for sickle cell anemia — a genetic disorder that attacks red blood cells, causing them to break down prematurely and interfere with how red blood cells carry oxygen to tissues in the body.

Hospital staff told investigators Ferguson had been compliant with the child’s speech-related services care up until March 27, 2023, where they had provided her with resources to assist her with social issues that were identified during his appointments. Staff there also told investigators that Ferguson knew the hospital could be used as a resource for social help.

The boy’s father, who’d been out of the child’s life for more than a year, told investigators he did not have concerns about Ferguson’s ability to care or provide for the child.

A downward spiral

Through a staffing agency, Ferguson was assigned a data entry position. That job, however, ended in November 2022.

She’d saved up money to hold her and her son over, but she told investigators the money started running out in the early months of 2023.

Ferguson had lined up job interviews in April of that year, but her car brakes gave out leaving her with no transportation to search for jobs or take her son to school or other places.

“Mercedes advised she wouldn’t dare put herself or the child in the vehicle due to safety concerns,” the investigator said in court documents.

Ferguson made an online grocery order around July, before court documents said her cellphone and Wi-Fi services were cut off — further isolating her from the outside world.

She’d occasionally leave her second-story apartment to check her debit/Electronic Benefits Transfer card at a nearby service station, according to the court documents. She’d applied for unemployment in April and wanted to see if her claim had come through.

Ferguson still had water and electricity, but she told police she now faced eviction from her Greenview at Chestnut Run apartment. Ferguson, according to court records, spoke to the apartment’s leasing office. While workers there were understanding, they could only do so much for her.

The workers informed Ferguson of resources she could reach out to, according to the investigator.

Management at Greenview at Chestnut Run did not respond to a Delaware Online/The News Journal attempt to speak about Ferguson’s matter.

As food ran out, medication was stopped

As food grew scarce, Ferguson stopped giving her son amoxicillin, a penicillin-type antibiotic that court documents said was prescribed to help with the boy’s sickle cell anemia.

“Mercedes advised she did not want to give the child the medication on an empty stomach,” the investigator said, adding she did not know how long it had been since the boy did not have his medicine.

At one point, court records say Ferguson told investigators her son “had been without food for over a month.”

The child, who was 39.5 inches tall, weighed about 23 pounds by mid August — about 7 pounds below what is considered a healthy weight for a 4-year-old boy.

Ferguson, who said her last meal had been fruit snacks she found on the floor of her car, told the investigator she’d lost 10 to 20 pounds but did not know for sure.

The family of two had been receiving food stamps, but she told the investigator her benefits had been discontinued a few months prior. She did not know why.

The Delaware Department of Health and Social Services, which administers the food benefits program, said reasons for a person losing their benefits could include a change in income or verification of information. A department spokesman said he could not explain how Ferguson lost her benefits.

“While DHSS cannot speak to specific cases,” Tim Mastro, a spokesperson for the department, said. “we encourage those who are facing food insecurity to apply for the Supplemental Nutrition Assistance Program (SNAP).”

Mastro said more information on the program and eligibility is available on the agency’s website: https://dhss.delaware.gov/dhss/dss/foodstamps.html. Delawareans can apply online through the Delaware Assist Portal or in person at one of 15 State Service Centers throughout the state.

Final days blurred together as boy’s condition deteriorated

Ferguson told police she could not remember when she and her son last left their apartment, and days began to “blend together,” according to court documents.

“She was concerned that she or the child were too weak and would pass out if they went somewhere,” the investigator said.

With little to eat, she and her child were drinking water — the boy “from a sippy cup,” according to court documents.

The boy’s urine was getting darker with time, and his “stool was a rarity as the child was not consuming anything of substance,” Ferguson told police. She added her son’s last bowel movement, which was more like diarrhea, occurred a few days before he died.

In the boy’s final hours, Ferguson told the investigator she and her son were simply lying around the apartment.

Over the last few days, the boy complained of feeling ill and his stomach hurting. His stomach pains, however, seemed to last longer in the early hours of Aug. 18.

Ferguson felt an air pocket in his stomach area, which according to court documents she described as feeling hard in the boy’s bloated abdomen.

With her son on her legs, court documents say Ferguson massaged her son’s stomach in a downward direction hoping he would pass the air pocket.

The boy had a look of relief when he passed it, she told the investigator. But he immediately started coughing up a substance the mother had never seen come from him.

“Mercedes described this substance as a brown in color liquid,” the inspector said. “Mercedes stated this substance came from the area of the child’s nose/mouth.”

She lifted her son, but court documents said the boy was unresponsive.

Although she had no cellphone service, her phone’s SOS mode was still working. The feature allows for automatic calls to a local emergency number and shares a caller’s location with the emergency service even if the device isn’t connected to a cellular network.

Using this feature she called 911 operators about 1:25 a.m., according to court documents.

Ferguson was instructed over the phone to give her son CPR.

“She could hear the air going into the child’s lungs,” the court documents report. “After chest compressions, Mercedes advised that froth was coming from the child’s mouth.

Emergency responders soon arrived at her apartment. They removed the boy from the bed and placed him on the floor to better work on him.

But by 2:20 a.m., the boy had been declared dead and his body had been sent to the state Division of Forensic Science for an autopsy.

Investigation confirmed starvation

An investigator searched Ferguson’s apartment and said, in court records, there was no food in the refrigerator or cabinets: “In fact, no food was observed in any area of the apartment.”

Ferguson had asked for a meal while at the police station because she was hungry, according to court records.

Following an interview with police, Ferguson was treated at an area hospital where court records said she was released in stable condition with hospital staff not concerned about her health or her wellbeing.

On Dec. 7, three months and 19 days after the boy’s death, the Delaware Division of Forensic Science ruled the child’s death to be a homicide with the cause being starvation. After consulting with the Delaware Attorney General’s Office, detectives obtained an arrest warrant for Ferguson on March 8.

She was arrested three days later at a home in Wilmington Manor.

How to get help

People having a difficult time can access Delaware 211, a state telephone and text message line available in multiple languages that connect users with resources on a variety of issues, including mental health and substance use. The service can also be found online at delaware211.org.

For people who do not have phone or Internet service, the assistance can be accessed at Delaware Libraries, where people in need of a Chromebook, WiFi hotspot or both can borrow the technology for free.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.

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Delaware

Snake-infested lakes and ponds in Delaware. What to know before you go

Published

9 hours ago

May 9, 2026

Press Room

Snake-infested lakes and ponds in Delaware. What to know before you go

It could be one of your worst nightmares.

You’re enjoying a summer day in the water when you feel something brush past your leg. You turn, and there’s a snake.

While the chances of that scenario playing out are highly unlikely, there is a good chance the waters you enjoy playing in are also inhabited by snakes.

The danger level might not be as high as Florida’s, but it’s still something to be aware of when you go into the outdoors.

Here’s a look at the snake-infested lakes and ponds in Delaware, according to worldatlas.com.

Nanticoke River

The Nanticoke River runs 64 miles from southern Delaware to the Chesapeake Bay, winding through marshlands, forests, and farmland along the way. The habitat is perfect for the Northern watersnake. The snakes are nonvenomous, but they will defensively strike if you corner them or try to hold them.

The Brandywine

This is where you need to be very careful. The Eastern copperhead is a confirmed and documented presence, and a small group exists at Alapocas Run State Park along the water near Wilmington. The snakes won’t chase you, but if you step too close or don’t see them, they will strike. You should watch your step near log piles and rocky outcrops.

Millsboro Pond

Millsboro Pond is the home to perch, black crappie and frogs, which is the perfect food for snakes including northern water snakes, plain-bellied water snakes, queen snakes and common ribbon snakes.

The Eastern copperhead lives in southern Sussex County, which includes the pond. However, sightings are rare. It’s something to watch out for when you are at the pond.

Lums Pond

The pond, located in Lums Pond State Park, has numerous varieties of snakes. However, the inlets and small islands are perfect for northern water snakes to bask in the sun. The snakes thrive on fish and amphibians and benefit from the surrounding forest and wetlands.

One snake to watch for is the ringneck snake. It has a mild venom and its teeth have trouble puncturing human skin, but for those with venom allergies, you should treat it like any other venomous species.

Trap Pond

Trap Pond, located in Trap Pond State Park, is noted for its cypress swamp. The bald cypress trees and the tree’s root structure provide a great hiding place and basking spot for eastern garter snakes and northern water snakes.

Silver Lake

Located in Dover, Silver Lake is lined with trees and vegetation, making it a great place for snakes. The northern water snake is seen here, but eastern kingsnakes are also occasionally seen in the wooded areas of the lake.

Garrison Lake

Garrison Lake is a popular spot in Kent County for fishing and boating. The marshy areas and dense vegetation are perfect habitats for northern water snakes, eastern garter snakes and eastern rat snakes. The wetlands are attractive to snakes due to the abundance of prey and the availability of cover.

Red Mills Pond

Red Mills Pond, located near Lewes, has a rich biodiversity supporting numerous amphibians and small mammals, which attract snakes. Among the snakes you may see in and around the pond are the northern water snake, eastern ribbon snake and eastern ribbon snake.

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Delaware

Delaware Online wins investigative reporting prize, 17 other awards

Published

21 hours ago

May 8, 2026

Press Room

Delaware Online wins investigative reporting prize, 17 other awards

Delaware Online/The News Journal won the A-Mark Prize for Investigative Journalism for its reporting revealing hundreds of invalid teacher licenses in Delaware.

The work by reporters Kelly Powers and Esteban Parra led to lawmakers proposing a bill that would tighten licensing requirements for public school employees and penalize districts that retain unlicensed staff.

The judges cited the work for “meticulous and thorough reporting” and “a fair and balanced presentation of the situation.”

The A‑Mark prize honors excellence in watchdog and accountability reporting. It is backed by The A‑Mark Foundation, a nonpartisan nonprofit supporting investigative and unbiased social‑issue journalism, in partnership with the Maryland‑Delaware‑DC Press Association.

“The reporting from Kelly Powers and Esteban Parra reflects the very best of investigative journalism in Delaware – thorough, fair and impactful,’’ said Mike Feeley, executive editor of The News Journal and Delaware Online. “We are proud to see their work awarded with the inaugural A-Mark Prize in a highly competitive field.

“I congratulate all of Delaware Online’s award winners in this year’s MDDC Awards for their commitment to journalism that strengthens our communities,’’ Feeley said.

Delaware Online/The News Journal won a total of 18 awards May 8 at the MDDC Press Association’s annual conference.

The MDDC Awards recognizes news publications from Maryland, Delaware and the District of Columbia. For each category, a first- and second-place winner is chosen based on circulation divisions. A part of the largest-circulation division, Delaware Online/The News Journal competes against news sites like the Baltimore Sun, Baltimore Banner and Washington Post.

Here is the list of winners, with links to the stories that took home the prizes.

Best of Show

News-Driven Art or Illustration: Luis Solano, “American’s deadliest habit”

First Place

Second Place

Feature Story: Non-Profile: Xerxes Wilson, “Why this Delaware prison is making tattooing part of its educational programming”
Sports Feature Story: Brandon Holveck, Martin Frank, “Eagles’ Saquon Barkley’s historic season built on selflessness, generational athleticism”
Local Column: Critical Thinking: Xerxes Wilson, “Broken bones, brick walls and searching for accountability”
Sports Photo (Feature): Benjamin Chambers, “Delaware wins 61-31 against UTEP in Conference USA regular season finale”
Public Service Reporting: Krys’tal Griffin, “While these Delaware riders depend on Paratransit, the service still lags post-pandemic”
Breaking News: The News Journal staff, “Delaware State trooper killed by shooter prevented other deaths, state officials say”
News Page Design: Luis Solano, “American’s deadliest habit”
Page 1 Design: Stephanie Lindholm, “Musical haven in Delaware”
Continuing Reporting: Kelly Powers, Shane Brennan, “Your property taxes are changing. What Delaware homeowners should know about new laws”
General Website Excellence, The News Journal

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Delaware

Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray

Published

1 day ago

May 8, 2026

Press Room

Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray

A lawsuit seeking to represent all people locked up by Delaware claims that prisoners are routinely left to “marinate” in a high-concentration pepper spray.

The lawsuit filed May 7 in Delaware Court of Chancery seeks an injunction barring correction officials from using the spray until leaders enforce rules the lawsuit says require staff to decontaminate prisoners after they are targeted.

In interviews, state prisoners have frequently described officers’ use of so-called OC spray, a more concentrated form of pepper spray only available to law enforcement, as cruel. Prisoners say the spray is deployed unnecessarily, recklessly, frequently and causes intense burning on the skin and through the respiratory system.

“Imagine taking a glass bottle, smashing it up and grinding it up and snorting that up your nose, then times that by 1,000,” said a former prisoner, William Davis, describing being sprayed during a previous interview about a similar use‑of‑force lawsuit involving Sussex Correctional Institution. “I felt it burn for days.”

Records obtained through a Freedom of Information Act request show OC spray — short for oleoresin capsicum — is used hundreds of times a year and is a frequent issue in Delaware prison lawsuits. The new ACLU lawsuit seeks class-action status on behalf of all Delaware prisoners and focuses on what happens after someone is sprayed.

The lawsuit claims officers routinely ignore training, policy and clear health risks by failing to properly flush and clean people after using OC spray. It argues the practice violates Delaware’s constitutional ban on “cruel” punishment.

Prisoners allege they were sprayed while handcuffed, naked or already subdued, including one who said officers sprayed him through his cell door while he was locked inside, and another who said he was forced during a strip search to touch his genitals and then his mouth after being sprayed.

In each of these episodes, the lawsuit states that prisoners were not properly decontaminated, some were left unattended, returned to a contaminated cell, left in clothes drenched in spray and some were not allowed to shower for a day or more after.

“Refusing to decontaminate prisoners is cruel because it subjects them to hours of needless suffering. Prolonged exposure is also potentially deadly,” the lawsuit states.

Delaware Department of Correction officials did not respond to requests for comment.

The allegations of the lawsuit are built partially on declarations from eight named plaintiffs in Delaware prisons. Additionally, it leans on video and deposition evidence from two other excessive force cases the ACLU is litigating on behalf of Delaware prisoners.

In those other cases, several officers have testified in depositions that they had not decontaminated individuals they sprayed and were unaware if others had, the new lawsuit states.

The lawsuit also cites Department of Correction training materials turned over in other lawsuits. Policy and training documents outline that OC spray is only to be used when no reasonable alternative is available, not as retaliation or punishment and in short bursts from a safe distance.

A training presentation describes the health risks of OC spray and says sprayed individuals should be moved to fresh air, assessed for medical conditions and repeatedly flushed and wiped to decontaminate them.

It notes that people who have been sprayed must be monitored. It underscores these instructions with a red skull and crossbones.

Other litigation: New lawsuit claims excessive force used by Delaware officers during September prison raids

In interviews, prisoners have reported that officers would “empty the can” in long bursts directed closely at their face. The named plaintiffs in the new lawsuit include asthmatic individuals who said they were denied their inhaler after being sprayed.

Besides pain, OC spray can cause difficulty breathing, gagging, heart distress and blindness. It can also induce a feeling of suffocation and helplessness, according to a department training presentation. Failure to decontaminate can cause blindness, respiratory failure and skin conditions, the lawsuit states.

If sprayed too close, the OC molecules can cause what’s known as “hydraulic needling of the eyes” where the spray causes lacerations, the complaint states, noting that multiple prisoners in other states have died after being sprayed.

The lawsuit also claims that officers deploy OC spray in numerous ways, which include a grenade, fogger, spray, muzzle blast rounds, as well as pepper balls fired from a weapon similar to a paintball gun.

One of the named plaintiffs was shot numerous times by a pepper ball gun, rupturing the globe of his right eye. A separate lawsuit filed on behalf of that prisoner was dismissed because he didn’t address written complaints about the episode through prescribed channels inside the prison.

Rather than seeking damages for federal constitutional violations, the lawsuit asks only for an injunction forcing changes to decontamination practices. And instead of following the typical federal-court path for prisoner-rights cases, it was filed in Delaware’s Court of Chancery — the state’s business court, where cases tend to move more quickly.

It names Department of Correction Commissioner Terra Taylor as its lone defendant, claiming that the department has knowingly failed to follow its own policy regarding the spray’s use.

It also cites a deposition given by Taylor in other litigation in which she states there is no specific process for decontaminating those targeted with OC, that she hasn’t taken any steps to require officers to do so, and that she doesn’t believe there is an obligation to do so.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.

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