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Posted at 03:22 PM ET, 06/01/2012

Stabbing in dispute over clogged toilet brings 10-year sentence

A Germantown man who stabbed a housemate to death in a dispute over a clogged toilet was sentenced to 10 years in state prison Friday as a judge sternly recited why he decided to exceed the punishment recommended under Maryland guidelines.

James Biddinger, 27, stood as Montgomery County Circuit Court Judge Robert A. Greenberg shared his reasoning: Biddinger had pursued an argument and brought a knife, he fled the house after the stabbing and failed to call paramedics, he cried “crocodile tears” when detectives disclosed his housemate was dead and while awaiting trial he attempted to dissuade some witnesses from testifying and tried to coax others on what details to share.

“Fortunately, you didn’t succeed,” Greenberg said.

Biddinger was convicted in March of voluntary manslaughter in the May 2011 death of Kevin Mbayo, 22, who also stayed at the townhouse where tenants rented rooms. Mbayo was not a tenant but had been staying with his father, who was a tenant.

Tensions between Biddinger and Mbayo had been building in the house. Mbayo’s father said in court Friday that Biddinger felt his son was paying too much attention to Biddinger’s girlfriend. At trial, testimony showed Biddinger also resented the younger Mbayo’s rent-free living and his lying about on a sofa in the house’s lower level.

On the night of the stabbing, Biddinger had gone downstairs looking for toilet paper to restock an upper bathroom but was met with odor and a clogged toilet in the lower bathroom.

In a videotaped statement to police, he said he blamed Mbayo for the problem, setting off the argument that ended in Mbayo’s death.

State sentencing guidelines weigh factors including the severity of the current crime and any criminal history a defendant may have.

On Friday, Biddinger’s lawyers said that formula would yield a sentence in the range of two years to seven years. Prosecutors put the range at between four years and nine years.

Greenberg credited Biddinger with the more than a year he has been jailed awaiting trial and noted could be eligible for parole after completing a total of five of the 10 years of his sentence.

By  |  03:22 PM ET, 06/01/2012

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