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Oscar Pistorius Guilty of Culpable Homicide in Killing of Girlfriend Oscar Pistorius Guilty of Culpable Homicide in Killing of Girlfriend
(35 minutes later)
PRETORIA, South Africa — Oscar Pistorius, the disabled track star who once commanded stellar heights of international competitition, was found guilty on a charge of culpable homicide, equivalent to manslaughter, on Friday after being acquitted of murder charges in the killing of his girlfriend in the early hours of Feb. 14, 2013. PRETORIA, South Africa — Oscar Pistorius, the disabled track star who once commanded stellar heights of international competition, was found guilty of culpable homicide, equivalent to manslaughter, on Friday after being acquitted of murder charges in the killing of his girlfriend in the early hours of Feb. 14, 2013.
The judge, Thokozile Matilda Masipa, also acquitted Mr. Pistorius of two of three firearms charges on Friday, convicted him of another. Judge Masipa said state prosecutors had “failed to establish that the accused is guilty” of firing a pistol through the sunroof of a car and “must be acquitted.” On a count relating to a shot fired in a crowded restaurant, she found Mr. Pistorius guilty, but acquitted him on a charge of illegal possession of ammunition. As she pronounced her verdicts, Judge Thokozile Matilda Masipa asked Mr. Pistorius, 27, to stand in the wooden dock in the North Gauteng High Court here in the South African capital. The athlete, dressed in a dark suit, white shirt and black tie, looked straight ahead, his hands crossed in front of him.
To the surprise of some legal experts in South Africa on Thursday, Judge Masipa ruled that Mr. Pistorius, 27, did not commit premeditated murder when he shot and killed his girlfriend, Reeva Steenkamp, 29, on Feb. 14, 2013. “You may take a seat,” the judge told him as she concluded her verdicts, which represented a crushing blow for the lead prosecutor, Gerrie Nel, who had demanded that Mr. Pistorius be convicted of premeditated murder in the death of his girlfriend, Reeva Steenkamp — an offense that carries a minimum jail term of 25 years.
But, twisting the suspense in the oft-delayed trial a little tighter, the judge abruptly adjourned the hearings as she discussed the charge of culpable homicide — equivalent to involuntary manslaughter — which covers a range of allegations related to negligence rather than intent. Judge Masipa did not immediately issue a sentence. Culpable homicide, which relates to negligence rather than intent, can draw a 15-year jail term, but the judge has wide discretion in determining the sentence. It was also possible that the case could go to a higher court on appeal.
Although a sentence of premeditated murder would, under South African law, have left the judge no option but to impose a minimum jail term of 25 years, culpable homicide carries a maximum of 15 years but gives the judge wide latitude in sentencing. The judge also acquitted Mr. Pistorius on two of three firearms charges and convicted him of another. Judge Masipa said state prosecutors had “failed to establish that the accused is guilty” of firing a pistol through the sunroof of a car and “must be acquitted.” On a count relating to a shot fired in a crowded restaurant, she found Mr. Pistorius guilty, but she acquitted him on a charge of illegal possession of ammunition.
The key to Judge Masipa’s finding on Thursday was her acceptance of the main argument in his defense — that he believed he was firing at an intruder rather than at his girlfriend when he opened fire. The hearing on Friday was the culmination of events dating to the early hours of Valentine’s Day last year, when Mr. Pistorius says he suspected a burglar had entered his home. He opened fire on a locked toilet cubicle door only to discover that Ms. Steenkamp, 29, was inside. The prosecution sought to prove that he intended to kill her.
Her assessment prompted a flood of tears from Mr. Pistorius, hunched over and sobbing in the wooden dock of the North Gauteng High Court here in the South African capital. While the judge rejected the prosecution's case, saying it had not been proved beyond reasonable doubt and was based on circumstantial evidence, she said Mr. Pistorius had been negligent when he opened fire, knowing that somebody was inside the toilet cubicle.
“A reasonable person with a similar disability would have foreseen the possibility that the person behind the door” would have been killed, the judge said. Since there are no jury trials in South Africa, Judge Masipa framed the verdict with the help of two assessors.
Mr. Pistorius was born without fibulas and had his lower legs amputated at the age of 11 months. As a runner, fighting adversity and competing against able-bodied as well as disabled athletes, Mr. Pistorius became an emblem of South Africa’s vaunted self-image as a land that punches above its weight.Mr. Pistorius was born without fibulas and had his lower legs amputated at the age of 11 months. As a runner, fighting adversity and competing against able-bodied as well as disabled athletes, Mr. Pistorius became an emblem of South Africa’s vaunted self-image as a land that punches above its weight.
Judge Masipa is expected to render her decision on the culpable homicide charge later in the day. There are no jury trials in South Africa, so it has been left to her, with the help of two aides known as assessors, to frame the verdict.
The judge acknowledged Thursday that Mr. Pistorius was particularly afraid of crime. But in a land where millions face danger without the gated residential complexes, security guards — and highly paid legal teams — of the rich elite, the judge was careful to note that his fears did not excuse his actions. “Many people in this country have experienced crime,” she said, “but they have not resorted to sleeping with a firearm under their pillow.”The judge acknowledged Thursday that Mr. Pistorius was particularly afraid of crime. But in a land where millions face danger without the gated residential complexes, security guards — and highly paid legal teams — of the rich elite, the judge was careful to note that his fears did not excuse his actions. “Many people in this country have experienced crime,” she said, “but they have not resorted to sleeping with a firearm under their pillow.”