HUDSONVILLE, Mich. (WOOD) — The father accused of manslaughter in his son’s death was ordered Friday to stand trial for two counts of child abuse.
In a Hudsonville courtroom, Judge Judy Mulder dismissed a third count – child abuse in the presence of another child — that Timothy Koets faced.
“(Koets’) daughter was not present when (Samuel Koets) was left on the porch,” Mulder said in court Friday afternoon. “So the acts the defendant did to commit the child abuse in this case — the act of leaving his child alone on the porch unsupervised — was not done in the present of a child. It’s very unfortunate that his daughter had to find her brother alone in the pool in the way she did, but the act of child abuse …. was not done with the other child present so I am not able to find that there’s probably cause to bind over on count 3.”
Mulder did, however, bound Tim Koets over on two child abuse counts, one of which is a felony punishable by up to four years in prison.
“The facts presented that supported this at the time of the preliminary examination were that Samuel was left on a porch unattended, that the defendant did not assure that his wife was awake to care for Samuel,” said Mulder from the bench.
“There was some testimony that he awoke her. There was also some competing testimony that he texted his daughter during the course of the time he was gone indicating that he thought his wife was sleeping. I’m paraphrasing… but that’s how those texts read. There was also testimony that Samuel Koets functioned as an 18-month-old, that he was a nonverbal child and that he was attracted to water. So … a reasonable jury listening to those facts could find that this was a reckless act that caused a serious injury to his son, Samuel. So, therefore I’m going to bind it over on count 2 (felony child abuse in the second degree).”
Mulder previously ordered Tim Koets to stand trial on an involuntary manslaughter charge in the death of his son Sam, 16, who had autism.
Sam drowned after climbing into the backyard pool at the family’s home near Hudsonville. Authorities say his father, a professor at Grand Rapids Community College, left him unattended when he went to work on March 28, 2019. When one of his daughters texted him that Sam was in the icy pool, he allegedly texted back, “would you make sure the freak is OK?”
Koets and his wife Michelle Koets told “Inside Edition” in an interview that aired earlier this week that he woke his wife up before he left for work but she fell back asleep.
“It is not a reckless act for one parent to leave a child in the care of another parent,” Koets’ attorney argued Friday before his client was bound over. “He woke his wife up. He thought she was awake.”
In the “Inside Edition” interview, the Koetses rejected the notion that Tim Koets was negligent or uncaring. But investigators told News 8 that Sam Koets was also living in “disturbing” conditions before the drowning.
Outside the courtroom Friday, Koets’ attorney said while he knew Michelle Koets and a daughter had been contacted by “Inside Edition” and might do an interview, he did not know beforehand that Tim Koets would participate in the story.
“Had a discussion with my client and that will not be occurring again,” defense attorney David Kallman said.
Also Friday, both Tim and Michelle Koets were arraigned on charges that they kept filling their son’s Ritalin prescription for months after he died. Authorities say they were taking the drugs themselves.