On Wednesday a judge said no to a man who attacked a woman on Sullivan's Island and now wants his prison time reduced. Patrick Sanders was convicted of assault and battery with intent to kill.
The defense can always file a motion to re-evaluate a sentence, but it doesn't happen very often. At least it hasn't in the Charleston area, not until the past five years.
The attack, still fresh on her mind.
"I'm lucky to have lived through it and I'm lucky someone came along when they did," said Parrish Smith.
Last April, Smith was beaten so badly she suffered serious injuries to her face and head. A complete stranger, Patrick Sanders, came after her with a metal bar as she walked a Sullivans Island beach path. Smith had hoped the case was closed last December when Sanders was put behind bars.
"It's very disheartening for us to have to call a victim and let them know, no, it's not over. We thought it was over, but we're going to have a reconsideration," said 9th Circuit Solicitor Scarlett Wilson.
As the man who attacked her walked back into court, Smith says her stomach filled with butterflies. She says she did her best to convince the judge.
"I think just because I'm lucky, shouldn't mean he gets a break," said Smith.
Solicitor Scarlett Wilson says re-sentencing hearings do have merit when there's new information to present, but more commonly, "they want a second chance at the judge," said Wilson.
Public Defender Ashley Pennington took Judge Roger Young through the victim's injury reports. He tired to equate the attack to a bar fight.
"That's ridiculous, I mean, I can't even believe he threw that out there," said Smith.
It's a comparison Judge Young didn't buy either.
After Wednesday's decision, Smith says she hopes that now she can really put this all behind her. Patrick Sanders initially received five years less than the maximum penalty.
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