Supporters appeared in Third District Court on Monday, on behalf of a Basin resident who was charged with dispensing marijuana to teenagers at a party, and later instructing them to conceal the crime from police.
The attorney for 46-year-old Adam David Childers asked that he not be given jail time. One of those agreeing was Childers’ nanny, who months ago was the number one witness against him.
In response, Judge Patrick Corum did not hand down a jail sentence—for legal reasons that he cited at a similar hearing in October.
Under a Plea in Abeyance Agreement last summer, Childers pled guilty to several counts including Distribution of a Controlled Substance and Tampering With a Witness. If he meets the conditions of a three-year probation, those felonies would be reduced to Misdemeanors.
However, the prosecution and an Adult Probation and Parole report recommended 30 days of jail time.
His attorney, Greg Skordas, said Childers spent 30 days last summer at the Brighton rehab facility in Salt Lake, and has had 100 days of outpatient treatment afterward, and has not had a lapse in all that time. He said his client should not get jail time.
“That’s senseless. It’s mindless given everything this guy’s done to come back after 130 days. To give him a chance, to throw a carrot out there and say Adam we know you’re going to fail. That’s what really happened is everybody assumed Adam would fail and today would be an easy day, but he didn’t. He did every single thing imaginable to prove himself to you. Every single thing not one blip in the entire time that he’s been out. So, to take him out of that and put him back in jail now, just makes no sense.”
The attorney added that the defendant is also supported by a letter from his ex-wife, and a manager from his workplace, who was in the courtroom.
Childers’ nanny, Breaonna McClure, sat close together in court with his elder son. She said that Childers is a different person from the man she once worked for.
“He’s become the best father and friend, he’s done more than enough already. His kids need him now more than they ever have. He’s gone above and beyond to prove his worth to me, his children, and everyone else in his life. I truly believe with my whole heart that Adam will not do anything to not mess up all the hard work that he’s put in. With all that being said, I really do hope that you take into consideration how hard this will be for his kids. I’m over here sitting with Nick and he’s shaking at the thought of his father going back to jail. He needs him right now. It was not an easy thing for me to originally approach and Adam talk to him because I was very angry. I held a lot of harsh feelings towards him and I have none of those now.”
McClure also said she no longer supports a letter she wrote in April, where she said Childers should get prison time, should lose custody of his sons and pay $20,000 in restitution.
Meanwhile, Deputy County Prosecutor Blake Hills said they were calling for jail time, on behalf of the community and the parents of the teens who were at the party last December.
“Although Mr. Childers actions have caused him some trouble, he’s actually not the victim. It’s the kids who were provided with drugs, and the kids who were threatened or threats were made against them because they were witnesses and talked to the police. When he was caught with drugs and arrested back in July and Mr. Skordas asked, pending sentencing would you object to him receiving some treatment? I didn’t object because at that point rather than him doing nothing, I’m not opposed to somebody trying to recover from drug addiction. That doesn’t change the fact that what he did deserves some punishment.”
The parents of one teen were in court, and the judge asked if they wanted to speak. The father said he and his wife were hoping for jail time. But they were affected by the testimony and said Childers’ two sons need their father. He said a person deserves a second, or a third chance. The father said Childers’ probation should have a number of conditions, such as drug testing and check-ins.
Judge Corum took a ten-minute recess. Returning, he said, as he has before, that he felt he can’t legally impose a sentence at this point in a Plea of Abeyance. But he does support jail time.
“Mr. Childers, I agree with Mr. Hills entirely. Honestly, I think a jail sentence in this case is warranted. I’m troubled by the behavior here, it concerns me. I commend you on the things that you have done in your life to turn things around. At the end of the day I agree with him. Here’s the thing, I let it be known beforehand that it’s still a plea in abeyance. A plea in abeyance means the convictions have not been entered, and while the parties agree that I have the authority to issue a jail sentence, I still do not feel it’s appropriate to do so at this time. If you violate the terms of this plea there will be—well whether you violate or not—there will ultimately be an entry of a plea at a sentencing. That is the day to address such things and today is not that day.”
The judge ordered that the probation should include substance abuse evaluations and parenting treatment and Childers should have no contact with the families of the teens.
