Friday, September 12, 2014

Oscar Pistorius Guilty Of Mansluaghter

After a day where Oscar Pistorius was cleared of the most serious charges against him, a judge today found Pistorius guilty of culpable homicide, which is similar to manslaughter. The judge said she accepted his version of events that he thought Reeva Steenkamp was an intruder. OK, lets stop there for a second. If the judge accepted his version of events than it would seem to me that she would have also found him not guilty of manslaughter. In South Africa, you are allowed to defend your property against an intruder. I think the judge took that break yesterday for the night because she had planned on finding him not guilty of everything but at lunchtime realized her first two verdicts did not go over so well. So, she takes a night to collect her thoughts and then finds him guilty of the crime.

Pistorius faces a maximum sentence of 15 years, but the typical sentence is 5-8 years, which means he will probably get that or less. I am guessing less because of what the judge said that she believed his version of events. With some generous time off for good behavior he might not serve very much time at all and you know he will be put in some type of special prison where he won't face any hard time at all. The judge granted Pistorius' request for bail and set the sentencing for October 23.


57 comments:

sandybrook said...

He could get significant time so there's that at least. Plus I thought I heard one of the commenters on CNN this morning say the judge didn't believe a lot of his testimony. So he'd get 8 years at least and maybe the whole thing.

BeckyMae said...

Oh really Enty?? At least spell MANSLAUGHTER right...you are a 'lawyer' after all....

Kelly said...

Crazy.

Jordan said...

He's clearly not a lawyer, probably not fat, and most likely not a man... think.

Kelly said...

I'm just glad he wasn't found not guilty.

Brin said...

What a travesty.

Steampunk Jazz said...

Morning! I wish she had the stones to go for the original charge but , No Doubt, it would have been overturned. National hero and all.... I wonder if they will take his legs? When I was in jail they took my bra (bastards) because it could be used to strangle someone. Those sharp metal legs would open someone up like a trout! that is serious shit

Pip said...

He won't serve a day in jail I bet.

Pip said...

The judge seemed to be more in favor of the defense, unfortunately. He could get 15 years, or go free with some type of probation. Prosecutors can appeal in South Africa. I really hope they do.

BeckyMae said...

Look, I think he is guilty of being a crazed, angry, trigger happy little man but the evidence just was not there to convict of murder so culpable homicide is fair...

Steamy you were in JAIL?? What the?? In fairness, I was only complaining today how my bra was doing some savage damage to my ribcage today!

Sprink said...

I'm loving the casual "when I was in jail"...

Sprink said...

BeckyMae, they'll take my bra off my cold, dead body.

Pip said...

Steamy, I know of a jail that doesn't sell jolly ranchers from the commissary anymore. Apparently one person sucked it down to a point and tried to use it as a shank. People get creative!

BeckyMae said...

LOL me too Sprink!!

BeckyMae said...

Oh Sprink I totally 'free-boob' as much as I can! I'm lucky that, for my age, they are still perky and I can get away with it on short trips to the shops...lol

Steampunk Jazz said...

You mean Y'all haven't been? : D

Steampunk Jazz said...

Becks, I lost about 2 good years of perky because of that!

BeckyMae said...

Hmmmm....almost, I was just lucky that something was under a certain weight....,

Steampunk Jazz said...

That they do, Pip. I saw one shoe fight that had blood flying. (they were thick flip flops) I personally think it was for the guards prurient interest and a money maker for the jail. if you wanted support , you had to order a sports bra from the commissary at mark up. (like you couldn't strangle with them, or even tube socks!)

BeckyMae said...

I know I'm living on borrowed time!!

BeckyMae said...

I'm sensing a best selling novel here: "Steamy Is The New Black"....

Unknown said...

Seriously, I can't figure out whether Enty sucks more as a gossip blogger or as a lawyer.

From many thousands of miles away, without knowing anything about the South African judicial system, or this judge in particular, he surmises that the judge changed her mind at the last minute because the first verdict didn't go over so well.

Kind of insulting to the judge, doncha think?

Cheryl said...

He's out on bail until sentencing in October. Dude is a flight risk.

Its just U said...

If he was here in Ireland he would've been let off with a warning. Men never get sent down for killing their partners over here.
Makes my blood boil.

Did he plan on murdering her? No, probably not. The doubt means he can't be convicted of premeditated murder.
Did he shoot that girl while she cried in the bathroom after an argument? Yes, he did. And she died. He did that and should serve proper prison time.

Intruder in the bathroom my fine fat ass!!
You argue with your girl, she goes off crying. You hear someone in the locked bathroom and assume it's an intruder? That doesn't makes sense.
And in the wise words of the esteemed Judge Judy, if it doesn't make sense its probably not true.
Dude needs jail. The girl he shot died.

Katie said...

It's the same reason that people who kill someone in a car accident get manslaughter. It was an accident, but they still killed someone. Couldn't we at least get a law STUDENT to write the legal posts?

Sherry said...

No way could I live without some support. I hate the boobage laying on the chest. With the hot flashes I get rashy.

Steamy you've surprised us all.

Dexamyl said...

Shooting your girlfriend as she cowers behind a locked bathroom door is no accident.

I will give him credit for being a better actor than OJ, though. The waterworks were great and the snot was a nice touch.

Anonymous said...

Enty, sometimes I find it difficult to believe you are a licensed attorney. Did you not study criminal law in law school or take the California bar? Negligent homicide means a person died due to another person's negligence, and is completely in line with Oscar's story. He should have confirmed who was in the bathroom before shooting. The fact that he did not do so constitutes negligence. Had he done so, Reeva might be alive today. Even had a burglar been in the bathroom, just the fact that the door was closed means he was not in immediate danger and had both the opportunity and a duty to retreat to a place of safety. (Now if South Africa has the equivalent of a "stand your ground" law, he had no duty to retreat, but he still had an opportunity to move to a place of safety and call for help.) It falls under the same heading as shooting someone who is walking away from you. If you are not in immediate danger then you have no justifiable reason to shoot. I can also tell you've never been in a courtroom. Judges do not change their verdicts (or opinions, for that matter) based on public reaction.

Kat has left the building said...

Omfg the Enty is a lawyer thing is a joke! Just go along with it, this is a silly gossip site! If you want real news go to Yahoo.news.com!

Dantheman said...

Hope he spends at least some time in Jail.
He'll need to keep a low profile on the outside until then

Tyler said...

Agree with Renoblonde - just glad he wasn't found not guilty. I hope it means he won't be eligible to possess or carry firearms anymore.

Yeoman Princess said...

He'll be like O.J. Get away with the original crime, and true to the form of a narcissist... will do another crime (because he's untouchable) and will pay big! Same as that VanderSloot kid from Aruba!

Unknown said...

A lawyer who can't afford spell check it seems...

Unknown said...

Wow Jordan. Please, continue. Enlighten us! I must say I am flabbergasted at these outrageous claims!

Yeoman Princess said...

@Dexamyl... I agree! She was cowering, dressed, phone(s) in hand in that bathroom... shooting her was no accident!!!!! Perhaps he didn't plan it way in advance, but saying it was an accident is just a no no.

Unknown said...

I have, but for work. I wish I'd met a few more clients like you Steampunk!

Unknown said...

They always had interesting artifacts to show new visitors. The home made booze (potato and orange peels floating in a jar behind the toilet) was gross. But the ingenuity of a home made tattoo gun from a toothbrush, compass and battery was impressive.

Unknown said...

I'd say it's 50/50 either way Prunella

Ruby said...

I agree. Why wouldn't he have checked to see if Reeva was the "intruder" in the bathroom before he started shooting?

TinselSass said...
This comment has been removed by the author.
Rose Lizenberg said...

Someone at the NY Post (I think) did a piece on Enty/CDaN back in 2012. He is a lawyer, but not in the entertainment industry. He works with wills & probate.

Yoj said...

@Steampunk Jazz
I want Enty to give you a weekly column!


Enty, I'm begging you to stop with the editorializing. It just makes you look stupid.
This was the only possible outcome, given that the prosecution didn't prove premeditation.

Rose said...

I wouldn't care so much that this is obviously not the OG Enty if the person/people who run it now didn't pretend to still be the entertainment lawyer who lives in his parent's basement, has four ex-wives and loves bacon. We all know that OG Enty probably wasn't fat or lived in a basement but that was just part of his online persona created. The current Enty would have been much better off just coming clean and letting us know they were someone new instead of impersonating someone else. They don't even bother to have the same opinions, beliefs, memories, or knowledge as the previous one.

Unknown said...

This was almost as obvious as OJ. Maybe money talked here, who knows. But the Judge completely bought that it was he didn't have the intent, which is insane. How do you shoot into a closed bathroom with a woman screaming, you didn't look for your girlfriend in bed, had to go near her side of the bed to get the gun, on and on. He either bought himself some justice or whatever. I'm betting he gets some ridiculous sentence like 6 months, if that since Judge is on his side.

Unknown said...

Prosecutors better appeal. Judge saying it was a mistake and he had no intent is a joke or she's been getting some green to line her pockets.

auntliddy said...

Dex-dont forget the retching and puking.

Jen said...

Jordan/Bee/Rose, the people posting now are not the original Enty who is an attorney. Ishmael should really make an account for the Enterns so we know when they post and he posts.

HudsonJoe said...

The Daily Beast has a very good analysis.

http://www.thedailybeast.com/articles/2014/09/11/will-oscar-pistorius-still-get-jail-time.html?utm_medium=email&utm_source=newsletter&utm_campaign=cheatsheet_afternoon&cid=newsletter%3Bemail%3Bcheatsheet_afternoon&utm_term=Cheat%20Sheet

Tyler said...

@HudsonJoe, thanks.

Judge Masipa's statement: “On the facts of this case. I am not persuaded that a reasonable persona with the accused disabilities under same circumstances would have fired four shots into the toilet cubicle… a reasonable person would have foreseen the possibility that whoever was behind that door might be killed, and would have taken steps to avoid that. Pistorius failed to do so.”

Sentencing: The details of the sentence have yet to be announced, although this could take weeks. Culpable homicide (equivalent to manslaughter in the U.S.), carries no minimum sentence but could see the judge deal Pistorius anything from a suspended sentence to up to 15 years in prison, depending on her discretion.

Unknown said...

Also, when you're talking about a duty to retreat or take yourself to a safe place ... let's remember this man has no legs below the knee. He would have had to waddle on his stumps, or crawl on his hands and knees, or take the time to put on his prostheses. In an emergency (imaginary to most of us, perhaps very real to him) ... he may have felt extremely vulnerable and calculated that it was better to shoot than to retreat.

Did the testimony ever say that he called out to Reeva to warn her about the intruder? Or told her to retreat? Or did he think that she was asleep beside him the whole time? That part of his story kinda stinks if it's not explained.

Unknown said...

Yall, there's a way to hyperlink here. Unfortunately if I type it out, it looks like a hyperlink so you can't see it so I'll put each character on a separate line:

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the text you want to appear goes here
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Type that all on one line and bingo, you have a hyperlink!

Tyler said...

@Prunella, re:

"Did the testimony ever say that he called out to Reeva to warn her about the intruder? Or told her to retreat? Or did he think that she was asleep beside him the whole time? That part of his story kinda stinks if it's not explained."

The answer is NO, and that's my biggest problem with his story too. He said he assumed she was asleep next to him without bothering to look, and without making any effort to alert or warn her of the 'intruder'. As explanations go, it absolutely stinks.

Unknown said...

and here is the link daily beast analysis

Cat said...

No woman locks the toilet door in the middle of the night at her boyfriend's house unless she's afraid. He is mostly getting away with cold-blooded murder. His histrionic sobbing in court was borne of self-pity - not remorse. This is a terrible outcome for domestic violence awareness.

Anonymous said...

I didn't pay the trial that much attention because I'd been bombarded with the story on TV before the whole thing started, but like Oscar there's no way for me to escape should someone break in. The most I could do is hide in my room and hope they don't go opening doors. Having been around for a few near break ins I would totally adopt a "shoot first, ask later" policy, especially when I can usually tell who's home by how they unlock the door. It's a scary thing to say the least

Sprink said...

@Charity, I can think of many women who would lock the door to the bathroom in the middle of the night at a boyfriend's house.

Intimacy doesn't mean you have to share everything.

timebob said...

I hope one day we live in a world that women and children aren't looked at as property to be disposed of by men with little to no punishment

I have yet to see that day

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