Oscar Pistorius sentenced to five years in prison for killing girlfriend Reeva Steenkamp
Pretoria: Oscar Pistorius was sentenced on Tuesday to five years in prison for killing Reeva Steenkamp by a South African judge who cited the "gross negligence" the runner showed when he shot his girlfriend multiple times through a toilet cubicle door in his home.
However, legal experts said the section of law Judge Thokozile Masipa quoted when she announced the double-amputee Olympic athlete's sentence provides for a maximum of five years in prison and Pistorius could be released after 10 months in jail to serve the remainder of his sentence under house arrest.
Steenkamp attorney calls this a "very well considered sentence." Reeva's family seems to be satisfied with Judge Masipa's decision.
— Emily Stanitz (@emilystanitz) October 21, 2014Masipa also sentenced Pistorius to three years in prison for unlawfully firing a gun in a restaurant in a separate incident weeks before Steenkamp's 2013 shooting death. She ordered that sentence to be wholly suspended.
Oscar Pistorius, is led to an awaiting police vehicle to be take to prison outside the
court in Pretoria, South Africa, on Tuesday. (Photo: AP)
Masipa delivered her ruling after reviewing prosecution arguments for a tough sentence as well as the defense case for a more lenient punishment for Pistorius.
Asked uncle Arnold #Pistorius if there would be an appeal. He shook his head and said, "No".
— David Smith (@SmithInAfrica) October 21, 2014Pistorius killed Steenkamp on Valentine's Day last year, shooting her through a toilet door in his home. Pistorius testified that the shooting was an accident because he mistook his girlfriend for a nighttime intruder.
Masipa convicted him of culpable homicide, or negligent killing, but acquitted him of murder.
Pistorius stood as the judge announced his sentence, and then left the courtroom and walked down a flight of stairs that lead to holding cells. His sentence starts immediately.
South African judge Thokozile Masipa. (Photo: AP)
Last week Pistorius's lawyers argued that the 27-year-old should be sentenced to three years correctional supervision, which is also known as house arrest. He would then do 16 hours of community service a month, suggested the defence.
In eloquent closing argument, defence lawyer Barry Roux said Pistorius is an ideal candidate for a non-custodial sentence given his remorse, his status as a first-time offender and the fact he would be "vulnerable" in South Africa's notoriously brutal jails as a result of his disability.
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In this Friday, Feb. 22, 2013 file photo photographers take photos of Olympic athlete
Oscar Pistorius as he stands in the dock during his bail hearing at the magistrates
court in Pretoria, South Africa. (Photo: AP)
Pistorius is a double-amputee athlete who made history by becoming the first Paralympian to compete against able-bodied athletes at the 2012 London Olympics.
Roux said Pistorius is a "broken man" who has "genuine remorse" after shooting Steenkamp four times through a locked toilet door early Valentine's Day morning last year.
As his lawyer chronicled how Pistorius has lost his friends and fortune, the sprinter uncontrollably wept in the dock, wiping tears off his face with a handkerchief.
State prosecutor Gerrie Nel attacked the defence claim that Pistorius is repentant, claiming he offered "blood money" to Steenkamp's parents to reduce his likelihood of going to jail.
In South Africa, where a 24-hour news channel is dedicated to the athlete's court proceedings and the top-selling book in stores is about Pistorius, Nel warned that Judge Masipa's sentencing will be a litmus test of the strength of the country's justice system.
Highlighting Pistorius's gross recklessness, Nel said the only appropriate sentence for the athlete was incarceration.
"The minimum term that society would be happy with would be a 10 year minimum imprisonment sentence," said Nel. "This is a serious matter. The negligence borders on intent."
Nel said a house arrest sentence would be "shockingly inappropriate" and would cause South Africans to lose faith in their legal system and turn to vigilantism.
In this Sept. 8, 2012 file photo, South Africa's Oscar Pistorius wins gold in the men's
400-meter T44 final at the 2012 Paralympics in London. (Photo: AP)
Prosecutors still weighing appeal of Pistorius verdict
South African prosecutors welcomed Oscar Pistorius's sentence to up to five years in jail, but said they were still weighing whether or not to appeal his conviction on charges of culpable homicide.
The state had pressed for Pistorius to be charged with a more serious charge of premeditated murder for the killing of Reeva Steenkamp on Valentine's Day 2013. But judge Thokozile Masipa, who opted for a conviction on the lesser charge of culpable homicide, or manslaughter, said the prosecutors had not convinced the court.
"We were disappointed with the conviction of culpable homicide," said National Prosecuting Authority spokesman Nathi Mncube. "We have not made up our minds whether we are going to appeal or not," said Mncube.
"We have 14 days to consider the law and we will (need to) be sure that the facts and law will allow us to appeal," he said.
In this Sept. 8, 2012 file photo, South Africa's Oscar Pistorius wins gold in the men's
400-meter T44 final at the 2012 Paralympics in London. (Photo: AP)
Mncube said that he believes that South Africa will be satisfied with judge Masipa's sentencing. A member of Pistorius's legal team, Roxanne Adams, said it had no comment on whether or not it would appeal.
Adams said that with this sentence, Pistorius would likely see "about 10 months" of the five-year term, before being transferred to house arrest. Pistorius's older brother Carl pushed reporters out of the way with a forceful sweep of his arm to escort Adams out of the courtroom.
Watch: Judge Thokozile Masipa sentencing Oscar Pistorius to five years
