Chesco lawyer gets 5-10 years for letting father, 92, die

A Chester County lawyer was sentenced to five to 10 years in state prison Wednesday for letting his 92-year-old father die by depriving him of medical care.

Edward J. O'Brien III, 61, of West Whiteland Township, was found guilty in June of every charge against him - third-degree murder, aggravated assault, involuntary manslaughter, and reckless endangerment - in the 2013 death of his father, Edward J. Jr.

"I would be depreciating the seriousness of the crime in this particular case" with any lesser sentence, Judge Ann Marie Wheatcraft said at the Justice Center in West Chester.

O'Brien has been free on bail since shortly after his arrest. Wheatcraft amended his bail to 10 percent of $150,000. O'Brien's attorney, Joseph Patrick Green Jr., said he would appeal to Superior Court within the next few days.

"We are disappointed that the district attorney and the court concluded that Ed O'Brien should spend five years in a state penitentiary," said Green, who was hoping for a lesser sentence to be served in the county jail. "But we're grateful that the judge agreed to permit him to remain at liberty on bail while we pursue his appeals."

O'Brien declined to address the court when the judge gave him the opportunity and showed no emotion as she imposed the sentence.

Police found O'Brien's father dead with bedsores on his body and feces on his furniture after the son called 911 on Sept. 8, 2013. His father, a former resident of Collingswood, had been living with him after doctors said the elderly man could no longer live by himself and needed constant care.

In a sentencing memo, prosecutors said, "As established during trial, Mr. O'Brien Jr., an elderly World War II veteran, suffered greatly, for a long period of time, at the hands of Mr. O'Brien III, his own son."

The jury sided with Assistant District Attorney Ronald Yen, who said O'Brien withheld medical care from his father for his own financial gain.

Michael Noone, Chester County's first assistant district attorney, said Wednesday's sentencing represented closure for the family in a "tragic and sad case."

"This defendant was criminally responsible for the death of his father," Noone said. "The jury recognized that by rendering their verdict. And the court recognized that by sentencing the defendant to a lengthy period of state prison."

Green argued that his client was following his father's wishes by not forcing him to get medical care.

In court Wednesday, Green mentioned his client's age, physical ailments, and history of depression, and asked the judge to "think about what the consequences of your actions are in the real world. This is not hypothetical."

The trial in June was O'Brien's second. A jury deadlocked on all charges in February.

In addition to the prison term, the judge ordered O'Brien to pay $1,438 in restitution to the coroner's office for its role in the investigation.

mbond@philly.com

610-313-8207 @MichaelleBond