Man Sentenced to 15 Years After Pleading Guilty to Voluntary Manslaughter From 2023 Stabbing

NORFOLK, Va. — Sean Basil Stewart, 48, was sentenced on Monday to serve 15 years in prison after he pleaded guilty to stabbing and killing 28-year-old Spencer Thomas Levinger during a fight with Mr. Levinger inside Mr. Levinger’s workplace last year.

On Dec. 8, 2023, Mr. Stewart drove to Norfolk from the Peninsula to confront an employee at his wife’s job in the Metal Supermarkets Norfolk hardware store on Lance Road. Mr. Stewart’s wife had called him in the middle of an argument she was having with Mr. Levinger, and Mr. Stewart maintained his decision to drive to Norfolk despite his wife attempting to dissuade him from doing so over the phone. When Mr. Stewart arrived at the store about 45 minutes after the initial argument, his wife continued urging him not to go inside and confront Mr. Levinger.

Mr. Stewart proceeded to go inside the store, he briefly exchanged words with Mr. Levinger, and he started a fistfight by punching Mr. Levinger in his face. During the fight, Mr. Stewart pulled out a folding knife and twice fatally stabbed Mr. Levinger in his heart and neck. Mr. Levinger had no weapon in his hands, but he did have a concealed firearm in his waistband. The two fell to the ground after Mr. Stewart stabbed Mr. Levinger, and Mr. Stewart straddled Mr. Levinger’s torso. At that point, Mr. Levinger pulled out his firearm, but Mr. Stewart wrestled the gun away from Mr. Levinger. The struggle caused Mr. Levinger’s gun to misfire, but no one was injured by the bullet. Mr. Stewart held Mr. Levinger’s gun to his head as he lay dying, verbally threatened him once more, disarmed the gun by removing its magazine and clearing the round that was in the chamber, and tossed the gun aside. Medics rushed Mr. Levinger to the hospital, where he was pronounced dead, and Norfolk Police arrested Mr. Stewart at the store.

Police charged Mr. Stewart with second-degree murder. At Mr. Stewart’s preliminary hearing in Norfolk General District Court, the judge reduced that charge to voluntary manslaughter and certified it to the grand jury in Circuit Court. At that grand jury session, the Commonwealth’s Attorney’s Office secured a direct indictment against Mr. Stewart for first-degree murder.

Mr. Stewart initially pleaded not guilty to his two charges of voluntary manslaughter and first-degree murder and intended to present a self-defense claim in a trial by jury, which was set to begin on Nov. 7, 2024. On the day of the trial, Mr. Stewart instead accepted a plea agreement which, in exchange for his guilty pleas, amended his voluntary manslaughter charge to stabbing in the course of a felony and amended his first-degree murder charge to voluntary manslaughter. Judge Mary Jane Hall accepted Mr. Stewart’s plea agreement and found him guilty. There was no agreement to Mr. Stewart’s sentence, and he faced a maximum active sentence of 15 years in prison.

Mr. Stewart’s sentencing hearing, originally set for Friday, Feb. 21, was rescheduled to Monday due to City of Norfolk facilities being closed for snow. At sentencing, the Commonwealth recommended the maximum sentence for Mr. Stewart to serve, and the defense argued for a lesser sentence. Judge Hall sentenced Mr. Stewart to serve the maximum 15 years in prison, suspending no time, and ordered him to complete three years of post-release supervision.

“There was no question that Mr. Stewart went to the scene of his crime looking for trouble, but there were unanswerable questions regarding the last few events that opened the door for the possibility of an acquittal based on self-defense, which is why both sides agreed to a compromise plea,” said Commonwealth’s Attorney Ramin Fatehi. “Because of Mr. Stewart’s moral culpability, we asked for the maximum sentence allowable by law — fifteen years to serve — and we appreciate that the judge agreed to impose that sentence. We wish that the sentence would bring back Mr. Levenger, but it cannot. Hopefully, at least, it offers some closure to his family. We will continue to focus our efforts on violent crime, try the tough cases, and make the tough decisions necessary to protect our community.”

Assistant Commonwealth’s Attorney A. Robinson Winn and Senior Assistant Commonwealth’s Attorney Shavaughn N. Banks prosecuted Mr. Stewart’s case, and Norfolk Police Detective Ryan B. Davis led the investigation.

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