SANDPOINT — A Ponderay man convicted of felony child abuse was sentenced  Monday to serve up to five years in prison.

Bobby Daniel Adams, 26, pleaded guilty in May to fracturing his month-old son’s skull while the boy was in his care on Aug. 17, 2008.

Prior to the sentencing, local pediatrician Dr. Joyce Gilbert testified the injury caused significant brain damage that would likely affect the child for the rest of his life.

An agreement between the state and the defense called for a sentence of two to seven years in prison with retained jurisdiction, but District Judge John Patrick Luster, who was not bound by the agreement, said retained jurisdiction would diminish the seriousness of the crime.

“What we’re dealing with here are children. That is, young people who have no ability to protect themselves,” he said. “I still do not feel this is an appropriate case for treatment through retained jurisdiction.”

Under retained jurisdiction, Adams could have qualified for release onto probation after serving six months with the Idaho Department of Correction.

Adams’ attorney, Todd Reed, said his client temporarily lost control of himself when the incident occurred and, with treatment, would not be a threat to society.

“Candidly, society does not lose anything by allowing him retained jurisdiction,” he said.

Luster was unmoved and said the magnitude of the crime, combined with Adams’ history of abuse — which includes a felony child abuse conviction in Washington state — necessitated a more serious penalty.

Luster said he was originally inclined to impose an even stiffer penalty, but Adams’ recent contrition made him change his mind.

For his part, Adams said he feels deep remorse about the incident.

“I do take responsibility for my actions and I’m extremely remorseful,” he said.

Only two years of the five-year sentence are fixed, and with credit for nearly a year of time already served in Bonner County Jail, Adams could be eligible for release in just over a year.