Murder Trial Continues for Germantown Man

James E. Biddinger told police he called Kevin Mbayo a racial epithet in the moments before the men got into the fight that resulted in Mbayo’s fatal stabbing, according to a video recording of his interview with Montgomery County Police detectives.

On Wednesday, jurors were shown excerpts of police’s interrogation of Biddinger, 27, who is on trial for murder following Mbayo’s death on May 3, 2011.

During the nearly two-hour recording, Biddinger told police detectives that he called Mbayo the N-word, told him he was unwelcome and that he had to leave their Germantown townhouse since he wasn’t on the lease — a confrontation triggered by a clogged bathroom toilet.

The clogged toilet was among the lengthy stack of images shown to jurors during Wednesday’s proceedings in Montgomery County Circuit Court.

Prelad “Roy” Sawhney the landlord of the townhouse, in the 13000 block of Country Ridge, testified Wednesday that Biddinger had complained about Mbayo’s presence at the house. Mbayo wasn’t on the lease, but was the son of tenant Ernest Mbayoh.

Sawhney testified that he told Biddinger that Mbayo was not supposed to be at the house and that he would take the matter up with Mbayoh himself. Sawhney said that he was reluctant to put Mbayo out after he learned Mbayo was there to help care for Ernest Mbayoh, who was sick.

In his videotaped interview with police, Biddinger claimed that after an exchange of words, Mbayo charged toward him from the living room couch. The men rolled around the ground as though they were in a “bear hug” when a pocketknife clipped outside Biddinger’s jeans dislodged, according to the video testimony.

Biddinger claimed Mbayo went after the knife and was wounded as Biddinger tried to reclaim the weapon.

“I didn’t mean to hurt him,” Biddinger said to police during videotaped interview with police. “I didn’t want to. I didn’t try to.”

Prosecutors are trying to show that Mbayo’s death was the crescendo of tension between the men. The defense is arguing that Biddinger acted in self-defense. 

The trial is expected to continue through the week. Prosecutors are expecting to call their final witnesses Thursday.