Awaiting the final verdict
Blade Runner could face time in jail for culpable homicide, three gun-related charges
Pistorius could go free after judge takes murder conviction off table,
PRETORIA, SOUTH AFRICA— Oscar Pistorius could avoid jail time after a South African judge ruled the Paralympic gold medallist is not guilty of murder, paving the way for a conviction of culpable homicide in the shooting death of his girlfriend.
On the first of a two-day verdict phase, Judge Thokozile Masipa said Thursday that Pistorius should not be found guilty of premeditated murder or murder, saying the star sprinter could not have “objectively foreseen” he would kill his girlfriend Reeva Steenkamp when he shot four times at a locked toilet door on Valentine’s Day 2013.
“The accused therefore cannot be found guilty of murder,” said Masipa, “that, however, is not the end of the matter as culpable homicide is a competent verdict.”
Masipa said there were “just not enough facts” to support the finding of premeditated murder in Steenkamp’s fatal shooting, according to The Associated Press.
“I am of the view that the accused acted too hastily and with excessive force,” Masipa said of Pistorius’ actions on the fatal night last year.
The judge did not issue a formal verdict, which is now expected Friday.
If convicted of culpable homicide, the negligent unlawful killing of a person, the 27-year-old could avoid serving time behind bars, but it’s up to the judge.
“There is a wide sentencing discretion from anything from a wholly suspended prison sentence to up to 15 years,” said Stephen Tuson, associ- ate law professor at the University of the Witwatersrand in Johannesburg. “But the severity of the sentence will depend on his moral blame-worthiness,” said Tuson. “That will depend on the degree of negligence.” As Masipa read her judgment, Pistorius broke into tears, crying quietly in court, his shoulders shaking. When court adjourned for a break, he buried his head into the shoulder of his lawyer, his body heaving with sobs. Pistorius also faces three gun-relat- ed charges, which could lead to more jail time. “Gun charges are taken very seriously in our law and generally carry sentences of a stiff fine and/or a prison sentence,” said Tuson. Masipa’s decision not to find Pistorius guilty of murder has shocked the South African legal community. “I was a bit surprised,” said William Booth, a Cape Town criminal lawyer. “On his own version of events, I personally felt that he exceeded what you’re entitled to do in terms of selfdefence.” Given Masipa’s controversial interpretation of murder, it is now possible that the state could appeal her decision. In court proceedings Thursday morning, the judge highlighted the athlete’s shaky performance, calling him a “very poor witness” who was “evasive.” She was equally incisive about the performance of state witnesses, who she said had their “facts wrong,” a result of the early morning hour that the shooting occurred. “The fact that this case attracted much media attention, especially soon after the incident, and the fact that it became a topic in many homes also did not assist,” said Masipa, opening the door for an appeal after the highly publicized case.