08-18-2015, 01:40 AM
PISTORIUS RELEASE / PROSECUTION APPEAL
![[Image: oscar-pistorius-600.jpg]](http://img2.timeinc.net/people/i/2014/news/140324/oscar-pistorius-600.jpg)
Pistorius is scheduled to be released from prison on Friday. He's served 10 months of his 5 year sentence for culpable homicide and qualifies to serve the rest on probation/house-arrest due to his good behavior.
The Prosecution's appeal of Judge Masipa's interpretation of the law and her ruling is set to be heard in court in November.
I very much agree with the Prosecution's contention that Masipa's ruling was incorrect.
Culpable homicide is death caused by an accident or unintentional shooting. In his final/amended version of what happened, Pistorius -- a skilled/experienced gunman -- painted himself as being unaware that he was pulling the trigger (huge eyeroll) when shooting at what he thought was a violent intruder. In her detailed decision explanation, Masipa acknowledged that she didn't believe that testimony to be true and no reasonable person would.
Still, in contradiction to that part of her decision, she acquitted him of murder and found him guilty of only culpable homicide (unintentional yet unlawful/negligent shooting).
The final ruling makes no sense in context with the judge's full decision explanation IMO. The shooting was not in self defense. It was not accidental. It was not unintentional. Masipa acknowledged all of those points. So, Pistorius should not have been acquitted of murder -- he shot at someone through a door intending to kill the person (whether he knew the identity of the person behind the door or not is irrelevant to the law).
Anyway, I hope the Prosecution succeeds on appeal and Pistorius goes back to prison for a more appropriate sentence. He could get 15 years if the appellate judges find him guilty of murder and overturn Judge Masipa's ruling/sentence - mote it be.
Refs:
http://www.usnews.com/news/world/article...reme-court
http://www.cbsnews.com/news/oscar-pistor...eme-court/
Pistorius is scheduled to be released from prison on Friday. He's served 10 months of his 5 year sentence for culpable homicide and qualifies to serve the rest on probation/house-arrest due to his good behavior.
The Prosecution's appeal of Judge Masipa's interpretation of the law and her ruling is set to be heard in court in November.
I very much agree with the Prosecution's contention that Masipa's ruling was incorrect.
Culpable homicide is death caused by an accident or unintentional shooting. In his final/amended version of what happened, Pistorius -- a skilled/experienced gunman -- painted himself as being unaware that he was pulling the trigger (huge eyeroll) when shooting at what he thought was a violent intruder. In her detailed decision explanation, Masipa acknowledged that she didn't believe that testimony to be true and no reasonable person would.
Still, in contradiction to that part of her decision, she acquitted him of murder and found him guilty of only culpable homicide (unintentional yet unlawful/negligent shooting).
The final ruling makes no sense in context with the judge's full decision explanation IMO. The shooting was not in self defense. It was not accidental. It was not unintentional. Masipa acknowledged all of those points. So, Pistorius should not have been acquitted of murder -- he shot at someone through a door intending to kill the person (whether he knew the identity of the person behind the door or not is irrelevant to the law).
Anyway, I hope the Prosecution succeeds on appeal and Pistorius goes back to prison for a more appropriate sentence. He could get 15 years if the appellate judges find him guilty of murder and overturn Judge Masipa's ruling/sentence - mote it be.
Refs:
http://www.usnews.com/news/world/article...reme-court
http://www.cbsnews.com/news/oscar-pistor...eme-court/