Killer gets prison after violating house arrest

Over and over again an Annapolis man who was convicted last year of manslaughter left his home in violation of the terms of his house arrest.

But yesterday - just eight months after 35-year-old Christopher P. O'Brien was released from jail - a county judge said enough is enough.

Circuit Court Judge Paul F. Harris Jr. sentenced O'Brien to serve 3 1/2 years in state prison for violating the conditions of his probation.

"I don't like sending people to the Division of Correction, but you have really pushed the envelope," said Judge Harris, chastising O'Brien for "abusing" the house arrest program at the end of an extended and often-contentious two-day hearing at the county courthouse in Annapolis.

Upon O'Brien's release from prison, he will be on probation for about four years. If he violates that probation, he could go back to prison for another five years.

O'Brien originally was sentenced in March 2007 to 18 months in county jail and another 18 months on house arrest for strangling Katherine Randolph White in 2006 during a drunken argument. While on house arrest, O'Brien was allowed to look for work, attend medical appointments and Alcoholic Anonymous meetings and visit his probation agent. The county, however, had to give permission for O'Brien to attend those events 24 hours in advance.

Shortly after O'Brien was released in January from the Ordnance Road Correctional Center and placed on house arrest, his ankle bracelet started reporting him "out of bounds."

Everett Smith, a program specialist with the county jail, recounted Monday how O'Brien was out of his home without authorization at least 21 times between March 8 and June 13. O'Brien would occasionally leave his house for 10 to 25 minutes in the middle of the day. Other times, O'Brien would return home from authorized trips one or two hours late.

Mr. Smith said O'Brien was warned at least two times he was not allowed to leave his house without authorization.

O'Brien, who was rearrested in June, took the stand in his own defense yesterday and disputed many of the violations. He said Mr. Smith kept poor records and didn't always write down his authorized trips. He blamed car problems for many of his late returns.

Christopher Foudy, O'Brien's defense attorney, also alleged the ankle bracelet system was faulty and would report his client as out of bounds when he was in the basement of his group home doing laundry or outside in the driveway getting some air.

Prosecutors and Ms. White's family lamented Judge Harris' original sentence last year, complaining it did not accurately address the seriousness of the crime.

Rebecca Randolph, Ms. White's mother, welcomed the new sentence.

"Here is a little more justice," she said yesterday.

Assistant State's Attorney Kelly M. Poma argued yesterday as she did last year that O'Brien deserved 10 years in prison - the maximum allowed for manslaughter. In the alternative, however, she asked Judge Harris yesterday to send O'Brien to state prison. She argued that O'Brien's first stint at county jail didn't change anything.

"He is still running his own life, making his own rules," Ms. Poma told the court.

O'Brien was convicted of manslaughter in January 2007 for killing Ms. White in her Maryland City Townhouse June 4, 2006. That was just 10 days after she let him move into her home.

Police initially charged O'Brien with second-degree murder, which carries up to 30 years in prison. Judge Harris, however, acquitted O'Brien of that count before the case went to a jury, saying the evidence clearly showed the killing wasn't intentional.

During the trial, witnesses testified O'Brien and Ms. White, both alcoholics, met while in Hope House, a treatment center in Crownsville. O'Brien had nowhere to stay when he got out, so Ms. White let him stay with her.

Ms. White quickly changed her mind and asked him to leave. The two argued and began drinking again.

O'Brien - who had no criminal record - claimed self defense. He said Ms. White threatened him with a knife and hit him more than once. He said she pulled him to the ground and started choking him.

Then, he said, he put his hand around her throat.

"I squeezed her for a little bit, and she finally stopped choking me," he said.

Ms. White lay dead on her kitchen floor for nearly two days. O'Brien never called for police or an ambulance, instead staying in the house sleeping, watching television and drinking.

O'Brien told Judge Harris he didn't call for help because he was "overwhelmed" by alcohol and sleeping pills and "could not think straight."

Judge Harris sentenced O'Brien in March 2007 to 10 years in prison, but suspended all but 18 months to be served at a county jail.

Judge Harris yesterday stood by his original sentence. He hoped the short jail time would help with O'Brien's rehabilitation.

Instead, O'Brien abused the house arrest system, repeatedly asking for extensions, complaining when agents questioned his whereabouts, and blaming others for his problems.

"It is always someone else's fault," said Judge Harris. "You are not the victim. You weren't then (at the time of the killing). You aren't now."