A 38-year-old man, Braxton Adams, is headed to prison after District Judge Michael Whyte denied requests from both the prosecution and defense for him to be placed in a rider program. Adams was sentenced to a minimum of three years and a maximum of ten years in prison for felony injury to a child following a plea agreement in April.
The Case and Plea Agreement
Adams initially pleaded not guilty to felony lewd conduct with a child. However, in April, he signed a plea agreement to plead guilty to an amended charge of felony injury to a child. As part of the same agreement, Adams also pleaded guilty in a separate case to felony grand theft and admitted to multiple probation violations. He received a concurrent sentence of two to five years for the grand theft charges.
In exchange for these pleas, the prosecution agreed to drop a third case against Adams that included charges of felony burglary and misdemeanor malicious injury to property. The prosecution recommended a “no worse than retained jurisdiction” at sentencing, which typically would mean a rider program—a form of rehabilitative incarceration.
Sentencing Hearing
During the sentencing hearing, Adams’ defense attorney, Paul Butikofer, presented a witness, Kevin Beyerlein, an employee at One Love, an outpatient program for people with substance abuse and mental health problems. Beyerlein testified that although he did not know Adams personally, the program had accepted him and could assist in finding housing if Adams were placed on probation.
Butikofer argued for probation, citing Adams’ previous successful completion of a rider program in 2018 and his expressed remorse for his actions. “Mr. Adams has expressed remorse. He also expressed that he feels horrible about his victims,” said Butikofer. He emphasized Adams’ struggles with substance abuse, which began at the age of 14.
Bonneville County Prosecutor Division Chief Jefferey Thomason also argued for a retained jurisdiction or rider with an underlying sentence of three to ten years. Thomason noted Adams’ refusal to admit to any sexual contact with the victim despite acknowledging causing her mental anguish.
Adams made a brief statement to the court, expressing remorse and taking responsibility for his actions. “I take full accountability for my actions, your honor, and I’m very remorseful. I can complete treatment. I’ve completed drug court before, and that’s the best I’ve ever done in my life,” said Adams.
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Judge’s Decision
Judge Whyte explained his decision by highlighting Adams’ significant criminal history, including five previous felony convictions and a probation violation. “You took responsibility for your actions, but you denied that any of your contact with the victims was sexual.
You do have a significant criminal history, including five previous felony convictions,” said Whyte. The judge noted that Adams’ probation officer had recommended revoking his probation, and Whyte ultimately chose to impose a prison sentence rather than follow the plea agreement’s recommendations.
