Adams sentenced for assault, robbery
Published 7:00 pm, Monday, March 27, 2006
BAD AXE In November, 22-year old Eric Skylar Adams assaulted and robbed 72-year old Frank Janik at Janiks longtime Colfax Township home, sending Janik to intensive care. On Monday, Adams heard what price hell have to pay for his crime.
Huron County Circuit Court Judge M. Richard Knoblock sentenced Adams, of Port Hope, to a minimum sentence of four years, six months in state prison with a maximum sentence of 15 years. Adams will receive credit for the 83 days hes already served in the Huron County Jail.
In January, Adams pled guilty to the felony charge of assault with intent to rob while unarmed. Two other felony charges unarmed robbery and assault with intent to do great bodily harm less than murder were dropped by the prosecutor because Adams chose to waive his preliminary examination and pled guilty to a felony charge.
Along with his prison sentence, Adams is required to pay $60 to the Crime Victims Rights Fund; a $60 assessment required by the State of Michigan of anyone found guilty of a felony; and $970 in restitution in conjunction with co-defendant Paul A. Robb, including $35 in fees for DNA testing by the Huron County Sheriffs Office and $935 in restitution to Janik for losses suffered.
The judge also recommended that Adams participate in any educational and/or vocational substance abuse programs while incarcerated.
According to prior testimony, Adams and Robb, 25, of Petoskey, followed Janik home from Petes Bar in Bad Axe on Nov. 4. Adams had seen Janik place $100 in his shirt pocket and he and Robb waited in a vehicle outside the bar until Janik left. At his residence, Janik was punched and kicked and left in his driveway. Adams and Robb robbed Janik of the $100 and split the money between each other. After a period of time, Janik crawled into his home to call 9-1-1. Janik was transported to St. Marys Hospital in Saginaw, where he spent five days in the intensive care unit.
On March 16, Knoblock found Robb guilty of unarmed robbery. Robbs sentencing is scheduled for mid-April.
During the sentencing hearing Monday afternoon in Circuit Court, Adams attorney, Doug Lee, disputed the label of leader for Adams regarding his role in the assault and robbery. One of the variables the court must consider when sentencing is if the offender was a leader in a multi-offender situation. Lee said both Adams and Robb had been consuming alcohol and using marijuana the day of the attack; Robb was the driver of the vehicle; and Robb has a more extensive prior record. He said, at the least, the two men should be considered equals in the attack rather than Adams being the leader.
Huron County Chief Assistant Stephen Allen said Adams was the one who came up with the idea to rob Janik and went to Robb with information about the $100 Janik had. He said Adams started the unprovoked assault on Janik, as well.
Knoblock agreed that Adams should be considered the leader in the incident. In the presentencing report/recommendation provided by Probation/Parole Officer Todd Kloska, mention was not made regarding the aggravated physical abuse factor in the sentencing guidelines. Knoblock said he believes the attack on Janik exhibited excessive brutality; therefore, the sentence should reflect that. All he had to do was ask for the money and he wouldve received it, Knoblock said. Instead he beat the living daylights out of (Janik).
Lee said Adams has a history of problems with illegal drugs, mainly marijuana. Lee said Adams wouldnt have committed the crime if he hadnt been fueled by consumption of alcohol and drugs.
He has not exhibited any assaultive behavior in the past, Lee said.
Allen said Adams was convicted in June 2002 of possession of marijuana in Huron County and in November 2002 of possession of drugs in Wayne County.
Lee said Adams is truly remorseful and sorry about the incident.
He needs to get some things fixed to make sure this doesnt happen again, Lee said.
He said Adams was cooperative in offering information and passed a polygraph test. Adams also has no prior felonies, Lee said.
Adams then made a statement to the court.
I accept full responsibility for what I did that night, he said.
Adams then turned to face Janik and his family.
I apologize to Frank and his family. I am very remorseful. I know there is nothing I can say to take it back, he said.
He said he realizes he was only thinking of himself that night. He said he is taking steps to address his drug problems and to ensure such an incident will never happen again.
Janiks daughter, Nadine Klee, then read a statement to the court written by Janik. The statement detailed his injuries and his physical and emotional pain he suffered after the attack.
This wasnt just an assault and robbery. It was a crime of terror, his statement said. Terror to me and the community. A community that at one time I felt safe in. Not a day goes by that I dont think about this crime. My sense of security is shattered as I lock my doors day and night, afraid that they will come back… There is no sentence long enough that will take the pain and fear away. I beg the court to punish him and send a message to the community that we are safe and if you cross the line you will pay. May (Adams and Robb) always be known as the cowards that beat a (then 72-year old man) and left him to die. God may someday forgive, but I never will.
Allen told the court Adams has taken responsibility for the beating and robbery and didnt attempt to cut a deal with the prosecutor.
He said, however, Adams committed a very vicious crime an unprovoked attack that caused serious injury.
Knoblock agreed that the crime is a very serious one. He told Adams not only did he attack Janik, who was defenseless, he attacked him at his own home.
That raises the bar as to the gravity of the offense, Knoblock said. If youre not safe at home, where are you safe?
Knoblock said despite what Adams said about being remorseful, he gathered from Adams demeanor in court proceedings that Adams does not have a lot of regard for others.
That makes you a dangerous person, Knoblock said.
Kloskas report to the court recommended a sentence of 39 months (three years, three months) in prison, with a range of 29 to 57 months. However, because Knoblock believed the aggravated physical abuse factor should be included, this increased the sentencing range to 43-86 months, and Adams sentence of a minimum of four years, six months falls within the lower end of this range.
After the sentencing, Allen said he believes Janik and his family are satisfied with the sentence, even though they feel no sentence is long enough considering the vicious nature of the attack.
Mr. Adams is lucky he is not being sentenced to life for felony murder, Allen said. Mr. Janik could have very well died that night.
Lee could not be reached this morning for comment on the sentencing.