Culpable homicide appears to be the most likely verdict in the Oscar Pistorius trial after the judge rules out a murder conviction for the double-amputee who admitted the shooting death of his girlfriend, Reeva Steenkamp.
The judge Thokozile Masipa reconvenes the judgment phase of the trial which is the climax of a trial that has held the world’s attention since it began in March.
If Pistorius is acquitted of murder, he could still be sent to jail for a maximum of 15 years if convicted of culpable homicide, which is the killing of someone through reckless or negligent behavior, although five years in prison is a guideline when a firearm is used, FOX News report.
The red-robed Masipa, sitting in the dais and looking down at Pistorius and the packed courtroom, said she felt Pistorius acted negligently when he fired four times through a toilet door in his home in the pre-dawn hours of Valentine’s Day last year. In a moment of high-drama, Masipa then stopped reading out her verdict in the six-month-long trial and adjourned until Friday.
Because there is no trial by jury in South Africa, Masipa is expected to explain exactly why she and her two legal aides came to the decision they have before the judge issues the verdict.
“I am of the view that the accused acted too hastily and with excessive force,” Masipa said of Pistorius’ actions on the fatal night.
She said the prosecution had not proven beyond a reasonable doubt that Pistorius committed premeditated murder. She also ruled out a lesser murder charge. As she spoke, Pistorius began sobbing quietly on the wooden bench, his shoulders shaking.
Murder is an illegal, intentional killing. A premeditated, or planned, murder would carry a heavier sentence in the event of a conviction.
The world-famous athlete has acknowledged firing the shots through the toilet door in his home, hitting Steenkamp in the head, arm and hip area with hollow-point bullets from his 9 mm pistol. He said he mistook her for an intruder and denied murder, but the judge said Pistorius still could have taken other action, like calling the police or security at his housing estate.
“Did the accused fail to take steps he should have taken?