Judge denies rider and gives prison time for injury to a child

IDAHO FALLS — A 38-year-old man is in prison after a judge denied requests from both the prosecution and defense for him to be sent on a rider program.

District Judge Michael Whyte sentenced Braxton Adams to a minimum of three years and a maximum of ten years in prison for felony injury to a child.

Adams initially pleaded not guilty to felony lewd conduct with a child but signed a plea agreement in April agreeing to plead guilty to an amended charge of felony injury to a child.

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As part of the agreement, he also pleaded guilty in another case to felony grand theft and admitted multiple probation violations. For this case he was sentenced to a minimum of two and a maximum of five years in prison.

Both sentences will run concurrently.

In exchange, the prosecution agreed to drop a third case against Adams for felony burglary and misdemeanor malicious injury to property and recommend “no worse than a retained jurisdiction” at sentencing.

The agreement was not binding on the court, and Whyte chose not to follow it, instead imposing a prison sentence.

Sentencing

During the sentencing, Adams’ defense attorney, Paul Butikofer, called a witness to the stand, Kevin Beyerlein, an employee at One Love, an outpatient program for people with substance abuse and mental health problems.

Beyerlein said he did not know Adams personally but attested that Adams has been accepted into a treatment program and can get help finding housing if he is put on probation, as Butikofer argued for.

“We don’t have any housing at this moment, but we can help him find housing,” said Butikofer. “Sometimes we can get him into the rescue mission or other places that can help him.”

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Butikofer then told the court Adams had previously been on a retained jurisdiction or rider in 2018 and completed it without any violations. He also argued Adams was introduced to drugs and alcohol at a young age and is remorseful for what he did.

“Mr. Adams has expressed remorse. He also expressed that he feels horrible about his victims,” said Butikofer. “He started drinking at 14, and it turned to marijuana and methamphetamine at that same age.”

Bonneville County Prosecutor Division Chief Jefferey Thomason argued for a retained jurisdiction or rider for Adams with an underlying sentence of a minimum of three years and a maximum of ten years in prison. He also stated Adams has continually denied having sexual contact with the victim.

“Mr. Adams indicates in the Pre-Sentence Investigation in regard to the injury to a child charge, he says, ‘I touched a child, which caused mental anguish. I feel very bad, I harmed the victim and caused mental problems for the victim. I wish I could take back the crime. I will stay in recovery to maintain my sobriety,” said Thomason. “It appears Mr. Adams is refusing to admit to any sexual contact.”

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Adams gave a short statement to the court before being sentenced, saying he takes responsibility for his actions and noting his recent sobriety.

“I take full accountability for my actions your honor, and I’m very remorseful. I can successfully complete treatment. I’ve successfully completed drug court before, and that’s the best I’ve ever done in my life,” said Adams. “I look forward to staying sober, I’ve been sober since February.”

Whyte then explained his ruling before pronouncing sentence, saying Adams has five previous felony convictions and a probation violation, which doesn’t “bode well” for his placement on probation.

“You took responsibility for your actions, but you denied that any of your contact with the victims was of a sexual nature. You do have a significant criminal history, including five previous felony convictions,” said Whyte. “Your probation officer has recommended that I revoke your probation.”

Background

On July 19, 2021, an Idaho Falls Police officer followed up on a report from a minor disclosing that Adams had sexually abused her in 2018 when she was 12 years old, according to court documents.

During a forensic interview with the victim, she said Adams entered her bedroom at night and raped her at least four times. She estimated this happened around July 2018.

She also stated Adams would touch her inappropriately and “grab her thighs in the car.” She told officers that at one point during the abuse, Adams reportedly threatened her by saying, “Remember what I said about your mom.”

On September 9, 2021, the victim and an adult relative attempted to confront Adams over the phone about the abuse, which he denied. He reportedly admitted to “holding (the victim’s) hand but denied sexual contact,” according to court documents.

He also denied claims that he spoke to the adult relative about the minor’s breasts.

Officers met with Adams at his home on October 1, 2021. When asked about the allegations, Adams denied them and told officers that a 19-year-old man was abusing the victim and that it had been reported at a local middle school.

Officers investigated and found no reports involving the victim. The adult relative and the victim also denied the claims.

A warrant was issued for Adams’ arrest on June 7, 2023, and he was booked into the Bonneville County Jail.