After 41 days of testimony spanning more than five months, a verdict
in the Oscar Pistorius trial has been handed down: guilty of culpable
homicide, a ruling that comes with no minimum jail sentence.
Judge Thokozile Masipa handed down her decision, today, Friday; her
determination is that the death of Reeva Steenkamp in the early
morning hours of Valentine's Day last year was a tragic accident; that
while Pistorius "acted hastily and used excessive force," he did not
show intend to kill his girlfriend.
As Masipa read the verdict, Steenkamp's parents remained silent, their
faces drawn. Steenkamp's cousin Kim began sobbing in the public
gallery.
Pistorius also faced three counts of gun charges – two for discharging
a gun in public, one for illegal possession of ammunition. Masipa
found him guilty of one of those charges – negligently handling a
firearm in a restaurant.
Per South African law, the verdict of culpable homicide carries a
maximum sentence of 15 years, but does not call for a minimum
sentence. The gun charge carries no minimum sentence, meaning
Pistorius could receive no jail time whatsoever.
As court adjourned briefly for the judge to finalize sentencing
hearing dates, Pistorius sat alone, silent and pensive, his head bowed
in the dock. Joined by his sister Aimee, who laid her head on his
shoulder, he leaned against her and closed his eyes.
Court will now be postponed until Pistorius' defense is ready to
present their arguments for the mitigation of his sentence, with the
prosecution likely countering with a push for an aggravation of the
potential length of his prison time.
Legal experts say the arguments that follow could potentially
constitute a "mini-trial" of sorts, with both sides able to lead
evidence, request expert reports, or call witnesses to the stand –
even previous witnesses including Pistorius himself – in their efforts
to influence Masipa's decision. The prosecution can put a Steenkamp
family member in the box as part of their argument for aggravation of
sentence.
In finding Pistorius guilty of culpable homicide, Masipa explained
that "the accused acted negligently when he fired shots into the
toilet door knowing that here was someone behind the door and that
there was very little room to maneuver.
"A reasonable person," she continued, "therefore in the position of
the accused with similar disability, would have foreseen that
possibility that whoever was behind the door, might be killed by the
shots, and would have taken steps to avoid the consequences, and the
accused in this matter failed to take those consequences."
For now, any murder conviction is out. The prosecution can appeal the
decision and, if they do, Pistorius could still be convicted of
murder, according to legal experts contacted by Yahoo Sports
(yahoo news)
