In an emotionally wrenching hearing Tuesday, a judge upgraded the
charge against Oscar Pistorius to premeditated murder, saying he could
not rule out the possibility that the track star planned the shooting
death of girlfriend.But the judge said he will consider downgrading the charge later.
Pistorius had been
charged with murder for the Valentine's Day shooting of Reeva Steenkamp,
and the hearing Tuesday was to determine whether he should be allowed
to post bail.
But prosecutors had said
they would try to get the charge upgraded. And throughout the
proceeding, they hammered away at the possibility that Steenkamp's
killing was premeditated. The defense countered by contending Pistorius
thought his girlfriend was an intruder.
With the new charge,
Pistorius' case for bail may prove much more difficult. The defense must
now try to argue that "exceptional circumstances" exist that would
justify bail.
"I fail to understand how
I could be charged
with murder as I had no intention to kill my
girlfriend," Pistorius said in a statement read to the court by his
lawyer.
Pistorius, heaving and sobbing, was too upset to read it himself.
Both the defense and
prosecution agreed Pistorius shot and killed his girlfriend in a tragic
Valentine's Day confrontation inside his upscale Pretoria home.
But the two sides gave wildly different accounts of what led to the model's death.
Pistorius wept uncontrollably during the hearing as prosecutors described how they say he murdered his girlfriend.
Prosecutor Gerrie Nel
said Steenkamp had come over around 5 p.m. to 6 p.m. on February 13 to
spend the night, but the couple got in a heated argument.
The state said Pistorius
armed himself, attached his prosthetic legs and walked 7 meters to
shoot Steenkamp through a bathroom door.
Pistorius fired four times, Nel said; Steenkamp was struck three times inside the locked bathroom.
Steenkamp locked the door for a reason, Nel said. "We will get to that."
As Nel spoke, Pistorius buried his face in his hands.
But defense attorney Barry Roux said the shooting was not premeditated.
Pistorius shot his girlfriend thinking she was a burglar, he said.
The prosecution doubted that assertion, asking why a burglar would lock himself or herself up in a bathroom.
Roux countered by
questioning how the prosecution would know that Pistorius attached his
prosthetic legs and walked to the bathroom.
As the drama in court unfolded, friends and family mourned Steenkamp at a private funeral in her hometown of Port Elizabeth.
"There's a space missing
inside all the people she knew that can't be filled again," her brother
Adam Steenkamp told reporters outside.
Steenkamp was a law
school graduate whose modeling career was on the rise. She landed the
cover of FHM magazine and recently appeared on a reality TV show.
On Sunday, South
Africans heard Steenkamp's voice one last time after her death, when the
national broadcaster aired a pre-recorded episode of the show. The
model talked about her exit from "Tropika Island of Treasure," on which
local celebrities compete for prize money.
"I'm going to miss you all so much and I love you very, very much," she said, blowing a kiss to the camera.
Authorities have released little about a possible motive in the shooting.
Items found in
Pistorius' home suggest Steenkamp intended to stay the night. She had an
overnight bag and her iPad, a South African official familiar with a
case said Monday.
The 29-year-old model
was alive after she was shot, and Pistorius carried her wounded body
downstairs, said the official, who was not authorized to release details
to the media.
Police were alerted to the shooting by neighbors, and residents had "heard things earlier," spokeswoman Denise Beukes said.
Police said there had
been "previous incidents" at the home, including "allegations of a
domestic nature." They did not detail what those may been.
Detectives are
investigating a blood-stained cricket bat in the home, Johannesburg's
City Press newspaper reported, and are trying to determine whether it
was used to attack Steenkamp, if she used the bat in self-defense, or if
Pistorius used it to try to break down the bathroom door.
Pistorius, 26, has rejected the murder allegation "in the strongest terms," his agent said in a statement.
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