By Andria Simmons, The Atlanta Journal-Constitution
Posted: 3:49 p.m. Wednesday, March 20, 2013
An Acworth man charged with killing his ex-wife while on probation for stalking her had his probation revoked on Wednesday by a Cobb County judge.
John Kristofak, 58, was sentenced to serve the maximum of 10 years for the prior stalking crime. He’ll have to serve that in addition to any prison time he might get if convicted of the Dec. 22 killing of his ex-wife, Donna Kristofak.
The judge who on Wednesday revoked Kristofak’s probation, Superior Court Judge Adele Grubbs, is the same judge who allowed him to be released to probation instead of remaining in prison on Oct. 12 — over the objections of Donna Kristofak. Her former husband of 19 years had been arrested six months earlier after chasing her in a Wal-Mart parking lot. Police said a butcher’s knife and a suicide note were found in his car.
On that day in court, Donna Kristofak, 48, told Grubbs “I fear for my life” and said a protective order would not stop him.
Grubbs allowed him to be released anyway with the restrictions that he abide by a protective order to stay away from Donna. Ten weeks later, police say Kristofak sneaked into his ex-wife’s East Cobb home and stabbed her in the torso while their son was upstairs.
Grubbs commented only briefly at Kristofak’s hearing, which lasted less than five minutes, before handing down the sentence.
“I very clearly explained to Mr. Kristofak what would happen if he violated any of the conditions,” Grubbs said. “He didn’t do what he was supposed to do…. he never even made an attempt.”
Kristofak was indicted earlier this month on charges of malice murder, felony murder, aggravated assault, burglary, aggravated stalking and two firearms-possession charges. He has been held without bond in the Cobb County Adult Detention Center since he was arrested at a Union City motel on Dec. 27.
Cobb County District Attorney Vic Reynolds said after the hearing “I’m sure it was difficult for her honor, but she’s an extremely good judge.”
“You could not predict future behavior, and I think the judge did what she thought was appropriate under the facts and under the law at that time,” Reynolds added.
Reynolds also announced that he will not seek the death penalty against Kristofak, but instead seek a sentence of life without parole.