Oscar Pistorius shoots and kills girlfriend by accident

[kia027]

All you had to say was, "yes, I know, Kia. Just an inside joke with J-Y"

[jah_yout]

Note the date on which that was written:


jah_yout this was written 03-05-2013, 11:28 AM. You are responding to it now. What are you a flippin' slow reader or something?

Anyway with the white man you use for your avatar, you would think you would be more sympathetic to Pistorious.

yea the response is a bit late...sue me

especially coming from one who routinely resurrects 7-year-old threads...
i guess the j.a. rogers thing is an attempt at a joke

[Tropicana]

[Tropicana]

Crime

Oscar Pistorius arrives at psychiatric hospital for month-long evaluation

The Olympic track star, on trial for murder for the shooting death of girlfriend Reeva Steenkamp, will be an outpatient during the evaluation.

JOHANNESBURG — Oscar Pistorius’ murder trial began a new phase Monday when the Olympic athlete arrived at a state psychiatric hospital for a monthlong evaluation whose terms have been described by some as favorable to the double-amputee runner.Pistorius, who killed girlfriend Reeva Steenkamp in his home last year, sat in the passenger seat of a black sedan and spoke on a cellphone as he arrived behind a police van at Weskoppies Psychiatric Hospital in Pretoria, the South African capital.
The judge who will deliver a verdict in the case asked the hospital to determine if Pistorius had a mental disorder at the time of the shooting, which could affect whether he should be held criminally responsible.
Pistorius must arrive by 9 a.m. and can leave by 4 p.m. each weekday, and has weekends off under an order from Judge Thokozile Masipa. Pistorius, who is free on bail, has been staying at the upscale Pretoria home of his uncle.
Pistorius’ outpatient status troubles some experts who say 24-hour observation is common in state psychiatric facilities. In the evenings, nursing staff can get additional insights into a patient’s mental state that complement formal questioning and other tests during the day, say the experts.
“There is a benefit” to the after-hours observation, said Lee-Ann Hartman, a clinical psychologist who has worked in state psychiatric facilities.
Masipa’s instruction came after a psychiatrist testified that Pistorius, who has said he feels particularly vulnerable because of his disability and long-held worry about crime, had an anxiety disorder that could have contributed to his shooting of Steenkamp on Feb. 14, 2013. The judge was responding to a prosecution request for an independent inquiry, based on concern the defense would argue Pistorius was not guilty because of mental illness.
Prosecutors allege Pistorius killed Steenkamp intentionally after a late-night fight, but the athlete says he mistook his girlfriend for a dangerous intruder hiding in a toilet cubicle when he shot her multiple times through the door.
There is a long waiting list for observation cases at state psychiatric hospitals and Pistorius’ assessment will be faster because he does not need a hospital bed, said Gerhard Grundling, chair of the Clinical Psychology Forum, a South African group. He said the observation will likely include blood tests and possible brain scans and that more specialists, including a neurologist, can get involved as needed.

Additionally, in such observations, social workers gather “collateral information” in interviews with friends, family and others, according to Grundling.
Other trials had been delayed for nearly a year because of patient backlogs at state mental health facilities, said Jack Bloom, an opposition member of the provincial legislature.
“Everyone should be equal before the law, no matter how famous,” Bloom said, urging authorities to explain the runner’s “preferential treatment” as an outpatient receiving speedy observation.
Pistorius faces 25 years to life in prison if convicted of premeditated murder. Trial proceedings resume June 30.

Read more:http://www.nydailynews.com/news/crim...#ixzz33XTbrUc7

[Tropicana]

Families freaking over 'Oscar sickness' after Pistorius GAD diagnosis

The South African Depression and Anxiety Group has called for calm after it was, it said, inundated with calls .The group said the chances of a sufferer shooting their partner or harming them as a result of the condition were very slim .
The mental illness became a buzz word after forensic psychiatrist Dr Merryll Vorster told the court at Pistorius's trial that the Paralympian suffered from the disorder.
Pistorius, who has been charged with the murder of his girlfriend, Reeva Steenkamp, is undergoing psychiatric evaluation at Weskoppies Psychiatric Hospital in Pretoria.
Pistorius claims he accidentally shot Steenkamp through a toilet door on Valentine's Day last year, mistaking her for an intruder while he was in a state of panic.
Since Vorster took the stand, the group said, it had received "hundreds of calls" from concerned sufferers of the disorder and people who suspected they might be suffering from the "Oscar sickness".
A director of the group, Cassey Chambers, said callers asked whether the disorder could lead to "unpredictable, unstable and violent" behaviour.
"We have had people asking if their loved ones with GAD need to be hospitalised immediately," said Chambers.
The disorder is characterised by excessive, uncontrollable and often irrational worry. According to a stress health study, 8.1% of South Africans have an anxiety disorder .
"Many people have become nervous about telling others that they have GAD in case people also to start to think that they are dangerous or violent," said Chambers.
The group, which has been dealing with disorders such as anxiety for 20 years, said sufferers feared they would be discriminated against . "I don't think GAD had gone unnoticed before the trial. It's always been around, but I think because the trial is so high profile it's a very hot topic," said Chambers.
In one case, an anxiety disorder sufferer contacted the group saying she was worried she may harm her partner.
More women than men are diagnosed with the disorder, which has its roots in childhood trauma, chronic illness, stress and genetics.
"It causes people to be hyper-aware of possible dangers, like illness, personal security and possible natural disasters, and see things as more serious or dangerous than they actually are," said Johannesburg psychologist Kevin Bolon.
He said although the disorder was a "very uncomfortable and stressful" condition, it was not dangerous.
"Anxiety is an introspective issue and sufferers of GAD are highly unlikely to be dangerous to others."

http://www.timeslive.co.za/local/2014/06/01/families-freaking-over-oscar-sickness-after-pistorius-gad-diagnosis

[UKBlackLady]

I have a sinking feeling that he may just get away with this heinous crime.

[RichD]

I have a sinking feeling that he may just get away with this heinous crime.

the fact that its a judge(s) making the decision makes me more hopeful that they won't fall for this act

[Tropicana]

the fact that its a judge(s) making the decision makes me more hopeful that they won't fall for this act

Why do you think it is an act?

[Tropicana]

I think the evidence fits:

Involuntary Manslaughter

Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter:

1. Someone was killed as a result of act by the defendant.
2. The act either was inherently dangerous to others or done with reckless disregard for human life.
3. The defendant knew or should have known his or her conduct was a threat to the lives of others.

- See more at: http://criminal.findlaw.com/criminal....CL2tqFRV.dpuf

Sentence is much too light though.

The base sentence for involuntary manslaughter under federal sentencing guidelines is a 10 to 16 month prison sentence, which increases if it was committed through an act of reckless conduct

- See more at: http://criminal.findlaw.com/criminal....5cvkQTYq.dpuf

Maybe this is a better fit....no pun indentded.:

Voluntary Manslaughter: Definition

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed;


A Killing in the "Heat of Passion"

Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice [u]pon a sudden quarrel or heat of passion.
The exact meaning of the heat of passion varies depending on the situation, but the term generally refers to an irresistible emotion that an ordinarily reasonable person would experience under the same facts and circumstances. This idea of an irresistible impulse contrasts with the idea of premeditation present in first degree murder, and a showing of one necessarily negates the other.
For instance, the federal law against voluntary manslaughter states that defendants should receive fines, a prison sentence of not more than ten years or both. Californias manslaughter law, on the other hand, gets a little more specific and states that anyone found guilty of manslaughter should receive a prison sentence of 3, 6 or 11 years.
In both instances, judges have some leeway to determine the specific sentence that they will give a particular defendant. This is where aggravating and mitigating factors come into play.

Don't know about the reasonable person part though.
- See more at: http://criminal.findlaw.com/criminal....c6oKrVUX.dpuf

- See more at: http://criminal.findlaw.com/criminal....zYRgOUhN.dpuf
This is of course based on US laws. I don't know what the equivalent is in South Africa.

I don't think it was pre-meditated. I think he killed her in a rage. The story about thinking she was an intruder does not seem to hold water.

[RichD]

Is that South African law you are quoting? are those South African sentencing guidelines?

[Tropicana]

Is that South African law you are quoting? are those South African sentencing guidelines?

Nope did you miss where I said:

This is of course based on US laws. I don't know what the equivalent is in South Africa.

[Tropicana]

Here is a list of FAQs to help familiarise you with the South African justice system in relation to the Pistorius trial.

1. What is Pistorius being charged with?
Pistorius is facing charges of premeditated murder and the illegal possession of ammunition after shooting Reeva Steenkamp, his partner, to death through the closed bathroom door in his house on 14 February 2013. He claimed to have mistaken her for an intruder. In December last year two additional charges were added to the trial, for separate incidents of illegally discharging a firearm through the sunroof of a car, and under a table at a restaurant.

2. Pistorius's case is considered a Schedule 6 offence. What is a Schedule 6 offence and what sentence does it carry?
Schedule 6 offences relate to premeditated murder; killing of a law enforcement officer;killing as a result of rape or robbery with aggravating circumstances; robbery with the use of a firearm that results in grievous bodily harm; rape; gang rape; and rape of a person under 16 years, or a mentally or physically disabled person. If found guilty, the suspect receives a life sentence, which is a minimum of 25 years . He will only be eligible to apply for parole after serving that term.

3. What happens to Pistorius if he is found guilty of premeditated murder?
This will depend on the offences of which the accused is convicted. The new(ish) minimum sentencing provisions contained in schedules 1 and 2 to the Criminal Procedure Act 1977 provide in the case of premeditated murder for life imprisonment.

4. If proven not guilty of premeditated murder, what will he be charged with?
He can be found guilty of a lesser charge of culpable homicide based on negligence. This is because Pistorius claims he fired his gun in self-defence, thinking there was an intruder behind the bathroom door. If the judge believes him, he may receive either a non-custodial sentence or face up to 15 years in prison.

5. If Pistorius is found guilty of premeditated murder, what are his appeal options?
An accused person who is convicted in the High Court may appeal to either the Provincial Division (to be heard by a Full Court of three Provincial Division judges) or directly to the Supreme Court of Appeal.

However, the accused needs to apply, in the first instance to the judge who passed sentence for permission to appeal. If the judge is of the opinion that there is a reasonable prospect that another court may come to a different conclusion, leave to appeal will be granted. If not, leave to appeal will be refused. If refused, the accused may then petition (apply) to the Supreme Court of Appeal (to be dealt with by two judges on the record of the proceedings) and they may grant leave to appeal or refuse the petition.

An accused may appeal ultimately to the Constitutional Court, who will decide whether to entertain the appeal.
According to Johannesburg legal advisor, Kajol Singh, Pistorius's appeal will purely be based on whether new facts, which would prove his innocence, come to light.

Read more: http://www.mediaclubsouthafrica.com/...#ixzz33bNcUZoF


They don't have as many options over there.

11. How is Pistorius trying to prove his innocence?The Paralympian is trying to prove that the killing was due to negligence. He claims he had no intention of killing Steenkamp as he suspected an intruder had entered his home. According to the Criminal Law Act, South African courts have traditionally applied the following test to determine whether the accused had been negligent:

• Would a reasonable person, in the same circumstances as the accused, have foreseen the reasonable possibility of the occurrence of the consequence, or the existence of the circumstance in question, including its unlawfulness?
• If so, would a reasonable person have taken steps to guard against that possibility?
• If so, did the accused fail to take the steps which he should reasonably have taken to guard against it?

[Tropicana]

How Oscar Pistorius Might Avoid Prison

The judge has other options on the table, including finding him guilty of gross negligence, which carries a sentence of up to 15 years. And then there are the three weapons charges he also faces, which could put him away for a similar amount of time.

So who is this judge? Thokozile Matilda Masipa serves in a high court in Pretoria. She is the second black woman appointed to the bench since the end of apartheid. Her mandate is a little different from that of American judges and juries. When she delivers a verdict, she must give a clear reason behind it, so whatever she decides, we’ll presumably hear the why as well. The system and society that the judge is operating in are also, to some extent, on trial here. According to the South African Medical Research Council, one woman was killed by her partner every eight hours in 2009, and the system seems laser-focused these days on addressing the problem. Chief justice Mogoeng Mogoeng has been pushing hard for new “norms and standards” meant to make judges more accountable and hand down decisions more quickly. All of which might impact how Judge Masipa decides to view the Pistorius case.
Might she somehow look past all the ancillary issues surrounding this trial — plus what witnesses heard — and decide that Pistorius made a mistake? If so, Pistorius could get out of jail and start his life over — presumably with the 19-year-old girlfriend the media saw him stepping out with in the months before the trial.

Unflippinbelievable

It’s a long shot. But given the exceptional nature of this case, who’s to say it’s impossible?

[Tropicana]

Revealed: Oscar Pistorius is dating a 19-year-old student paramedic as he awaits trial accused of murdering his ex-girlfriend

Oscar Pistorius has reportedly been dating a student paramedic in the weeks leading up to his trial for the murder of his ex-girlfriend.


The double amputee met 19-year-old Leah Skye Malan in Mozambique last December while she was holidaying with her mother, father and younger brother.


Miss Malan, who is the Paralympian's first girlfriend since he shot model Reeva Steenkamp last year, has been supporting him in the run-up to his court case, it was reported by The Sun.


A source told the paper: 'They both seem really into each other.


'She's helped support him through this difficult time and has introduced him to all her family. They have embraced him.'


Her father Andre may even attend the trial which starts on Monday.
The pair have been on a number of dates, but Pistorius is believed to have disguised himself while out.
Miss Malan has also invited the 27-year-old to her family's farmhouse in near Potchefstroom, around two hours from Johannesburg where she studies at university.

Read more: http://www.dailymail.co.uk/news/article-2570334/Revealed-Oscar-Pistorius-dating-19-year-old-student-paramedic-awaits-trial-accused-murdering-ex-girlfriend.html

She rides

[Tropicana]

I wish he would stop fighting in nightclubs. I can't find any stories about the trial.

Anyway when my son spent a week with us a couple of weeks ago, this topic came up. He thinks Pistorius is guilty, he killed his girlfriend in the midst of a heated argument. I asked how do you explain the crying and throwing up. Clearly he isn't acting. He said "Of course he is not acting. He is crying because he knows that he'll be locked up in jail and lose out on all the money he would have made."

Seems like I am the only one who still thinks this may have been an accident.