CHARLESTON, S.C. (WCBD) – A man convicted in the deadly stabbing of a Wando High School classmate in January 2015 is asking for a resentencing – but he does not want a hearing.
The defense team for Matthew Fischer requested the court reopen and consider a resentencing but waived his right to be present and further requested that there be no hearing for the matter.
Prosecutors, though, said the request is without merit because Fischer was not facing a mandatory life sentence but rather 30 years on a voluntary manslaughter plea.
“If the Court after reviewing the State’s and the Defense’s filings concludes that the Defense’s motion is denied and the sentence imposed by the Honorable R. Markley Dennis, Jr. stands, then no hearing is required,” said Chief Deputy Solicitor Jennifer Shealy in a filing.
But Shealy added that if the court moves to reopen and reconsider the sentence, the victim’s Bill of Rights would require a hearing.
Fischer was 16 years old when he stabbed 17-year-old Lucas Cavanaugh during a fight over Fischer’s-then girlfriend.
The teen was visiting his girlfriend at her Park West home when he observed a Snapchat message that she received from Cavanaugh. It was revealed during the hearing that Fischer then used her cell phone to send a message to Cavanaugh that read “come over” and “I’ll kill you man.”
Cavanaugh responded to the home where he and Fischer began to fight. Fischer pulled a knife from his pocket and stabbed Cavanaugh. While Fischer left the scene, officials said he later returned to the home after contacting his mother to explain what happened.
Judge Dennis ruled that Fischer must serve 85 percent of his sentence; potentially meaning he will serve 15.3 years in prison plus two years’ probation.
During Wednesday’s hearing, Fischer’s request for resentencing was denied.