Oscar Pistorius sentenced to 5 years in prison
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PRETORIA, South Africa (AP) — Oscar Pistorius was taken away in a
police van with barred windows Tuesday to start serving a five-year
prison sentence for killing girlfriend Reeva Steenkamp.
Delivering her sentence, Judge Thokozile Masipa cited the "gross
negligence" the double-amputee Olympic runner showed when he shot
Steenkamp multiple times through a toilet cubicle door in his home.
Pistorius, who had cried and retched during his trial, was unemotional
as he stood to hear his sentence. His prison term begins immediately
and he was led down a flight of stairs and toward holding cells before
leaving the South African courthouse in the armored vehicle.
Pistorius could be released after 10 months in jail to serve the
remainder under house arrest,according to legal experts.
Steenkamp's parents were also in court to hear the sentence and the
dead model's mother, June, said justice had been done. A close friend
of Steenkamp, Gina Myers, said: "I really don't think any of us will
heal anytime soon … there will always be questions."
Pistorius' uncle, Arnold Pistorius, said: "Oscar will embrace this
opportunity to pay back to society." He appealed to reporters to give
the family privacy after what he called "20 months of relentless
public trial."
Pistorius' uncle also criticized state prosecutors for pursuing a
premeditated charge against Pistorius, and said "they decided to
inflict as much collateral damage as they could."
Masipa said her sentence was a balancing act between retribution and clemency.
"I am of the view that a non-custodial sentence would send a wrong
message to the community," Masipa said after summarizing parts of the
case and explaining why she reached her decision. "On the other hand,
a long sentence would not be appropriate either as it would lack the
element of mercy."
Masipa last month convicted Pistorius of culpable homicide, but
acquitted him of murder after he testified he mistook Steenkamp for a
nighttime intruder. She asked Pistorius to stand as she delivered the
sentence Tuesday, and he faced her with his hands clasped in front of
him. Pistorius was then led away by police, stopping briefly to grip
the hands of his uncle and other family members as he headed to
prison.
Pistorius' defense and the prosecution have 14 days to lodge any
appeal against the judge's decision.
Prosecutors said they are considering whether to appeal the sentence,
where Pistorius, 27, could serve less than a year in jail for killing
his 29-year-old girlfriend.
Nathi Mncube, the prosecution spokesman, said his office was
disappointed in the culpable homicide conviction and had not yet
decided whether to appeal the sentence.
"We have not made up our minds whether we're going to appeal it or
not," he said. He added that there was an "appetite" to appeal but
that prosecutors would review their options.
"We are satisfied with the fact that he will be serving some time in
prison," Mncube said.
Masipa had a wide range of options available to her because South
Africa does not have a minimum sentence for culpable homicide, which
is comparable to manslaughter. Pistorius faced up to 15 years in jail,
but could also have received a completely suspended sentence or house
arrest.
Marius du Toit, a legal analyst and criminal defense lawyer, said
Pistorius would have to serve one-sixth of his sentence in prison — 10
months — before he could be eligible to be moved to house arrest.
"It's an appropriate sentence," du Toit said. He said a higher
sentence would have been impossible because "you cannot elevate the
sentence to murder."
Another analyst, law professor Kelly Phelps, said Judge Masipa had
done "a remarkable job at balancing all of the competing interests
that were weighing down on her."
As Pistorius left in the police van, a raucous crowd gathered around
the vehicle, whistling, shouting and banging on the caged windows.
___
Imray reported from Stellenbosch, South Africa.