Guilty plea entered in burglary

Wednesday, Jan. 28, 2009

Represented by Public Defender Del Lynch, Andre Booth, 22, of Huntingtown, along with his brother, was originally charged with first-degree burglary, theft over $500 and malicious destruction of property for allegedly breaking into a home on Carmel Lane in Huntingtown on Aug. 4, 2008. Booth and his brother stole a Nintendo GameCube gaming system, games and cash, according to court documents.

Although sentencing guidelines for the plea call for probation to 18 months incarceration, the plea does not indicate that there will be no jail time, said Judge Marjorie Clagett. The state is not requesting any active incarceration time, but "I am not bound by that," she said.

Lynch, who told the court that Andre Booth paid his half of the restitution, said he hoped the court would sentence Booth to no more than two months incarceration time.

His brother, Antonio Booth, 27, who had a follow-up pretrial on Monday, is scheduled for a plea hearing on Feb. 12 at 1 p.m. Antonio Booth, represented by Attorney Gregory Gardner of Washington, D.C., waived his rights to be present at the pretrial. He has been detained at St. Mary's County Detention Center since Oct. 2, 2008, on two charges of second-degree assault and theft, according to court records.

Assistant State's Attorney Andrew Rapapport presented evidence that would have been used at a trial and told the court that during the burglary the door of the victim's home was pried open, causing $400 in damage. Items stolen in the burglary included a GameCube valued at $75 with 10 games valued at $10 each; and an Xbox valued at $100, with 30 games valued at $20 each, he said. A total of $450 was calculated as restitution and Booth paid $225 and the rest of the items were recovered, Rapapport said.

After responding to the burglarized home at about 4 p.m., Maryland State Police Trooper Donaldson went to Game Stop in Prince Frederick to investigate. An employee gave the trooper Andre Booth's name, saying he turned in a GameCube and assorted games earlier, Rapapport said.

The trooper then contacted Booth's mother around 6 p.m. who set up a meeting with Andre Booth at Wal-Mart where he admitted to the burglary, he said.

"I applaud the police officer. It was very quick police work," Clagett said.

Andre Booth's sentencing hearing is scheduled for March 6, after his brother's plea date. Regardless that half the restitution has already been paid, prior to the sentencing date, "I would like to hear that a total of $450 was paid to the family," Clagett said.

charvat@somdnews.com

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