Pistorius NOT GUILTY of Premeditated Murder

Pistorius NOT GUILTY of Premeditated Murder

Sep 11, 2014 by Christopher Chavez
Pistorius NOT GUILTY of Premeditated Murder



Oscar Pistorius was found not guilty of the premediated and second degree murder of his girlfriend Reeva Steenkamp on Valentines Day 2013. 

The Olympian listened to Judge Thokozile Masipa deliver her verdict in a Pretoria courtroom on Thursday. The judge said Pistorius is not guilty of murder based on dolus eventualis. The double-amputee could not foresee that he would kill the person behind his bathroom door. 

"The State has not proved beyond reasonable doubt that the accused is guilty of premeditated murder. There are just not enough facts to support such a finding," Masipa said.

Pistorius broke down in tears upon hearing the news as the benches remained silent and the proceedings went to a lunch break. Pistorius still awaits the verdict on culpable homicide. 

Listen to the "not guilty" ruling here. (Courtesy of Primedia Broadcasting/Eyewitness News)

The trial has not only taken South Africa but the world of athletics by storm over the last six months. 

The decision was made by Masipa and two legal advisors. One of the main questions from the judge was why he fired his gun not just once but four times. She also doubted some witness testimonies and believes that it was Pistorius’ yelling that was heard by neighbors that night and not Steenkamp’s. 

Text messages between Steenkamp and Pistorius to back a claim that the two were having trouble in their relationship were dismissed as well. 

Pistorius was described as a “poor” and “evasive” witness.  

Culpable homicide will be determined by judging how a reasonable person would have reacted or behaved in Pistorius' situation. 

Being found guilty of culpable homicide carries a maximum term of 15 years, but there could be an option for a sentence’s suspension or community service. He may also be acquitted if the judge believes this was all one big error. 

Pistorius also faces three separate firearm charges. Two charges of discharging a gun in a public space and one dealing with the illegal possession of ammunition for the gun. 

If found guilty of culpable homicide Pistorius’ sentencing could take place at a later date. There is a chance for mitigation and appeals.

UPDATE 7:15 a.m. ET: Judge Masipa returned to the court after a lunch break to address the test of the reasonable man to determine whether Pistorius was negligent causing the death of Steenkamp. 

Masipa said Pistorius could have run to his balcony, screamed or called for help in the same time it took to fire four shots. He was closer to the balcony than the bathroom when he first heard the noises from the bathroom. 

The test of reasonable man has changed over time and thus race, sex and culture of the accused are taken into consideration. Masipa looked at Pistorius' background and believed his background of growing up without a father and around crime is no excuse for his actions. He had reasonable time to react "reflect and conduct himself reasonably."

Pistorius knew there was someone behind the door and chose to use a lethal weapon. 

The judge ended her verdict reading on Thursday by saying Pistorius acted negligent, too hastily and used excessive force. No final ruling on guilt of culpable homicide. 

The trial will continue on Friday morning at 3:30 a.m. ET. 

Continually updated with more information...

Chris Chavez is a writer at Flotrack and marathon analyst for ESPN. He once beat Joey Fatone of NSYNC in a half-marathon. Feel free to to reach him with any questions, comments, or feedback on Twitter or by email.