CANYON COUNTY, Idaho — The man charged with murder and kidnapping in the disappearance of 5-year-old Michael Vaughan asked a judge Tuesday to dismiss the charges, arguing prosecutors have not presented enough evidence to establish that a murder or kidnapping occurred.
Prosecutors disagreed, arguing the evidence presented against Stacey Wondra is sufficient for the case to move forward.
Michael was 5 years old when he disappeared from his Fruitland neighborhood in July 2021. More than five years later, his remains have never been found.
That absence of physical evidence was central to Wondra's defense Tuesday.
"It's important to note that Michael — not only has Michael never been found — no skin, no bones, no teeth, no blood, no DNA. Nothing of Michael has ever been found," Wondra's attorney told the judge. "Judge, we don't even know if he's actually dead."
WATCH: Defense challenges Michael Vaughan case
The defense also challenged other evidence presented during Wondra's preliminary hearing. His attorneys argued that alerts from cadaver dogs at the Wondra property do not prove a body was buried there, noting that Michael's remains were not found during an extensive search of the property.
Wondra's attorneys also questioned the significance of a tricycle found near the home. During Tuesday's hearing, the judge asked about evidence connecting the tricycle to Michael. The defense said no evidence presented at the preliminary hearing established who owned it or that Michael had been on it.
The defense also disputed prosecutors' characterization of Wondra's conversations with investigators as a confession. His attorney acknowledged some of Wondra's statements could be viewed as incriminating but argued Wondra never admitted to participating in anything that happened to Michael.
At one point, the judge pushed back as the defense argued Wondra did not have a legal duty to report what he said he witnessed. The judge pointed to language in Idaho law applying the reporting requirement to "all persons."
Prosecutors argued the case against Wondra goes beyond an alleged failure to report what happened.
"Would we have preferred to have found Michael? Absolutely. In fact, we are still looking," the prosecutor said. "But we have to take the cards we're dealt. And so the case is built on what you can prove, what you can show."
The state said Wondra told investigators that Michael was brought into the house and that he later saw Michael duct-taped before being placed into a duffel bag. Prosecutors said Wondra then got into a vehicle with the group as Michael was taken away.
Prosecutors argue Wondra aided and abetted the kidnapping. Among their arguments, the state said Wondra helped maintain the vehicle while Michael was allegedly being transported and later participated in what prosecutors described as a cover story intended to conceal the group's movements.
After the hearing, Michael's mother, Brandi Vaughan, said listening to the defense repeatedly discuss the absence of her son's remains was difficult.
"It was upsetting. I shed quite a few tears, especially when the defense lawyer kept describing the fact that there was no body, no skin — all of the things of a human," Vaughan said. "That was hard to listen to."
Investigators previously named three other people as allegedly involved in the case: Sarah Wondra, Brandon Shurtliff and Adrien Lucienne. Stacey Wondra is the only person currently charged in Michael's death.
Sarah Wondra was previously charged with failing to report Michael's death, but that charge was later dismissed.
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