To say that the murder of Donna Kristofak is tragic would be a gross understatement. I have no idea what was going on in her personal life and marriage; how her husband, John Kristofak, could so viciously kill her is something incomprehensible. What leads to that kind of anger and premeditated reaction is part of the unexplainable human condition. It’s a safe bet that John Kristofak will almost certainly die in the Georgia prison system.
In reading the blogs associated with this story and listening to comments from various people, there is a lot of hostility directed toward Cobb Superior Court Judge, Adele Grubbs. The focus seems to be that she sentenced Kristofak to four years and five months probation, and seven months in jail. The judge then released Kristofak crediting him with the seven months he spent in the Cobb County jail for aggravated stalking and family violence related crimes. Donna Kristofak pleaded with Judge Grubbs to keep her ex-husband locked up, expressing her fears that Kristofak would kill her.
What the MDJ stories did not report is if the plea the judge took was a deal struck between the District Attorney’s Office and Kristofak. That is an important piece of information to a complete understanding of the sentence Kristofak was given. What sentence did the prosecutor recommend to the judge? What evidence did the prosecutor have that manifested an imminent threat to the victim? What evidence did Kristofak present, other than having no prior criminal history, that he posed no threat? In no way am I pointing fingers at the DA’s office for what might seem to some a lenient deal. I am confident that the prosecutor’s office did their homework and whatever recommendations they may have made were based on interviews, facts, and evidence. I would be surprised if Judge Grubbs deviated from a prosecutor recommendation, but the MDJ did not report any of this so that the readers can draw their own conclusions.
It is a sad state of affairs that in our country there is so much spousal and child abuse, much of which goes unreported. How many women suffer in silence, quietly live in daily fear, do what they can to protect their children and themselves, and no one knows that this could be your neighbor? The MDJ story would also have been much more complete if it had talked with someone in the DA’s office to learn how many stalking/aggravated stalking cases are prosecuted each year, how many result in violence versus the effectiveness of the restraining orders. My uninformed guess is that the DA’s office sees a significant number of stalking cases. Prosecutors and judges probably hear cries for help from tormented women all the time, and from all that I have read over the years, Cobb County is one of the better places where the criminal justice system makes a meaningful difference, where the professionals make a sincere effort to listen. This was a case where things went terribly wrong, but I don’t think it is fair to blame the judge or the system.
For those who are always advocating long prison sentences for virtually every crime, I won’t argue the point. It is a fair perspective, especially if you have been a crime victim. But the other side of that argument is the cost to incarcerate felons. That cost includes more police that are paid what they are worth, more prosecutors, more judges, more training for everyone in the criminal justice system, and more judges. That’s before we get to the cost of building and maintaining jails and prisons. And that cost is staggering. This is another example of wanting a champagne system on a beer budget. Until those who complain are willing to pay for what they expect, they shouldn’t expect perfection. Wars are not won on the cheap, and fighting crime is no different.
Judge Grubbs has been around a long time. She has always enjoyed a solid reputation for fairness and meting out stiff punishment for those convicted of felonies in her court. A bleeding heart she is not. As a 27 year reader of the MDJ, I have read many stories about her. Among them is one involving her own personal tragedy with the loss of a teenage daughter in a car accident some years ago. Judge Grubbs is human with a broad spectrum of experience. She deserves better. Perhaps the MDJ can round out this story by addressing some of the questions I have raised.