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Susan Smith-Harmon

Susan Smith-Harmon

EXPERTS: Pistorius violated basic firearms rules

Wednesday, 27 February 2013 01:27 Published in National News
JOHANNESBURG (AP) — Even if Oscar Pistorius is acquitted of murder, firearms and legal experts in South Africa believe that, by his own account, the star athlete violated basic gun-handling regulations and exposed himself to a homicide charge by shooting into a closed door without knowing who was behind it.

Particularly jarring for firearms instructors and legal experts is that Pistorius testified that he shot at a closed toilet door, fearing but not knowing for certain that a nighttime intruder was on the other side. Instead of an intruder, Pistorius' girlfriend Reeva Steenkamp was in the toilet cubicle. Struck by three of four shots that Pistorius fired from a 9 mm pistol, she died within minutes. Prosecutors charged Pistorius with premeditated murder, saying the shooting followed an argument between the two. Pistorius said it was an accident.

South Africa has stringent laws regulating the use of lethal force for self-protection. In order to get a permit to own a firearm, applicants must not only know those rules but must demonstrate proficiency with the weapon and knowledge of its safe handling, making it far tougher to legally own a gun in South Africa than many other countries where a mere background check suffices.

Pistorius took such a competency test for his 9 mm pistol and passed it, according to the South African Police Service's National Firearms Center. Pistorius' license for the 9 mm pistol was issued in September 2010. The Olympic athlete and Paralympic medalist should have known that firing blindly, instead of at a clearly identified target, violates basic gun-handling rules, firearms and legal experts said.

"You can't shoot through a closed door," said Andre Pretorius, president of the Professional Firearm Trainers Council, a regulatory body for South African firearms instructors. "People who own guns and have been through the training, they know that shooting through a door is not going to go through South African law as an accident."

"There is no situation in South Africa that allows a person to shoot at a threat that is not identified," Pretorius added. "Firing multiple shots, it makes it that much worse. ...It could have been a minor — a 15-year-old kid, a 12-year-old kid — breaking in to get food."

The Pistorius family, through Arnold Pistorius, uncle of the runner, has said it is confident that the evidence will prove that Steenkamp's death in the predawn hours of Feb. 14 was "a terrible and tragic accident."

In an affidavit to the magistrate who last Friday freed him on bail, Pistorius said he believed an intruder or intruders had gotten into his US$560,000 (€430,000) two-story house, in a guarded and gated community with walls topped by electrified fencing east of the capital, Pretoria, and were inside the toilet cubicle in his bathroom. Believing he and Steenkamp "would be in grave danger" if they came out, "I fired shots at the toilet door" with the pistol that he slept with under his bed, he testified.

Criminal law experts said that even if the prosecution fails to prove premeditated murder, firing several shots through a closed door could bring a conviction for the lesser but still serious charge of culpable homicide, a South African equivalent of manslaughter covering unintentional deaths through negligence.

Johannesburg attorney Martin Hood, who specializes in firearm law, said South African legislation allows gun owners to use lethal force only if they believe they are facing an immediate, serious and direct attack or threat of attack that could either be deadly or cause grievous injury.

According to Pistorius' own sworn statement read in court, he "did not meet those criteria," said Hood, who is also the spokesman for the South African Gun Owners' Association.

"If he fired through a closed door, there was no threat to him. It's as simple as that," he added. "He can't prove an attack on his life ... In my opinion, at the very least, he is guilty of culpable homicide."

The Associated Press emailed a request for comment to Vuma, a South African reputation management firm hired by the Pistorius family to handle media questions about the shooting.

The firm replied: "Due to the legal sensitivities around the matter, we cannot at this stage answer any of your questions as it might have legal implications for a case that still has to be tried in a court of law." Vuma said on Monday it referred the AP's questions to Pistorius' legal team, which by Tuesday had not replied.

Culpable homicide covers unintentional deaths ranging from accidents with no negligence, like a motorist whose brakes fail, killing another road user, "to where it verges on murder or where it almost becomes intentional," said Hood. Sentences — ranging from fines to prison — are left to courts to determine and are not set by fixed guidelines.

The tough standards for legally acquiring a gun were instituted in part because of a wave of weapons purchases after the end of racist white rule in 1994, said Rick De Caris, a former legal director in the South African police. Under South Africa's white-minority apartheid regime, gun owners often learned how to handle firearms during military service. Many of the new gun owners had little or no firearms training, which brought tragic results, De Caris said.

"People were literally shooting themselves when cleaning a firearm," said De Caris, who helped draft the Firearms Control Act of 2000.

Prospective gun owners must now take written exams that include questions on the law, have to show they can safely handle and shoot a gun and are required to hit a target the size of a glossy magazine in 10 of 10 shots from seven meters (23 feet), said Pretorius of the Professional Firearm Trainers Council.

In his affidavit, Pistorius said he wasn't wearing his prosthetic limbs "and felt extremely vulnerable" after hearing noise from the toilet.

"I grabbed my 9 mm pistol from underneath my bed. On my way to the bathroom, I screamed words to the effect for him/them to get out of my house and for Reeva to phone the police. It was pitch-dark in the bedroom and I thought Reeva was in bed," he testified.

Legal experts said they are puzzled why Pistorius apparently didn't first fire a warning shot to show the supposed intruder he was armed. Also unanswered is why, after he heard noise in his bathroom that includes the toilet cubicle, Pistorius still went toward the bathroom — toward the perceived danger — rather than retreat back into his bedroom.

"He should have tried to get out of the situation," said Hood, the attorney.

UPDATE: Ebony Jackson murder suspect in custody

Wednesday, 27 February 2013 01:14 Published in Local News
Charges could be filed Wednesday against the man police believe murdered an Oklahoma woman whose baby was found abandoned in a Breckenridge Hills apartment building in January. The St. Louis Post-Dispatch reports that police have arrested a man who reportedly had a previous relationship with the victim, Ebony Jackson.

Investigators believe Jackson was killed in the suspect's north city home, not far from where her body was found stuffed in the trunk of her own car. The paper reports that the suspect's current girlfriend lives in the apartment building where Jackson's baby was found.
WASHINGTON, DC (ABC) - The issue of same sex marriage is dividing the Republican Party as a group of more than 80 prominent members of the GOP ranging from Dick Cheney's daughter to four former governors have signed an amicus brief before the Supreme Court advocating for the legalization of gay marriage.

One of the signers confirmed for ABC News the existence of the brief signed by the Republicans and said it would be submitted to the United States Supreme Court this week. The deadline to submit briefs is Thursday.

The document, known as an amicus or "friend of the court" brief, is being submitted in support of a lawsuit aiming to strike down Proposition 8, the California ballot initiative that passed in 2008 banning same sex marriage. The existence of the brief was first reported by the New York Times.

Republican elected leadership, like House Speaker John Boehner, as well as the platform, are staunchly against same sex marriage.

The American Foundation for Equal Rights (AFER), the group who brought the California lawsuit challenging Prop 8, released a list of the signers today including Cheney's daughter Mary Cheney.

Signers included former congresswoman Mary Bono Mack of California, former presidential candidate Jon Huntsman and Meg Whitman, who supported Prop 8 when she ran for governor of California in 2010. Representatives Ileana Ros-Lehtinen of Florida, Richard Hanna of New York and former GOP national chairman Ken Mehlman also signed. In addition, three former Massachusetts governors -- William Weld, Jane Swift, and Paul Cellucci -- along with former New Jersey governor Christine Todd Whitman are signers. The list also includes Republican attorney and Romney senior adviser Ben Ginsberg and other high profile GOP leaders, strategists, consultants, and staffers.

Some big name supporters of same sex marriage who have not signed the brief include former vice president Dick Cheney, former first lady Laura Bush, and former Secretary of State Colin Powell.

The fight against Prop 8 already had a big name conservative supporter in Theodore Olson, former solicitor general under President George W. Bush, who is one of the suit's two lead attorneys along with David Boies.

The court will hear arguments next month in the case and another important gay rights case that challenges the 1996 federal Defense of Marriage Act.

One of the signers is Nicolle Wallace, Republican strategist and former George W. Bush aide and John McCain campaign adviser. Wallace said the beginning of the group took place in 2010 when Republicans supportive of same sex marriage came together to fundraise for the legal effort. But even in 2004 during Bush's re-election campaign working alongside Mary Cheney everyone on the campaign was aware there were disagreeing opinions on the ticket.

"For a long time those of us who sort of have always been on the pro-gay marriage side were quietly aware of others who had this view, but what's tremendous now is I can't think of any issue that has moved with greater speed than this one," said Wallace, who is an ABC News contributor.

She said the "power of the legal argument had a lot more to do with persuading the majority of Republicans on the brief than any political pressure."

Wallace stressed that she believes this issue, unlike others, will not "ignite a civil war in the party" because so many people have gay friends, co-workers, and family members even those who don't agree with their stance have a lot of "respect" for the disagreement.

In the latest ABC News-Washington Post polll on the topic from November a slim majority of Americans support gay marriage 51-47 percent, but amongst Republicans it is only 31-67 percent.

One of the signers, former Utah governor and Republican presidential candidate Jon Huntsman, Jr. voiced his support of same sex marriage last week, after opposing it during his presidential bid, in an article in the American Conservative titled "Marriage Equality Is a Conservative Cause."

"Conservatives should start to lead again and push their states to join the nine others that allow all their citizens to marry," Huntsman writes. "I've been married for 29 years. My marriage has been the greatest joy of my life. There is nothing conservative about denying other Americans the ability to forge that same relationship with the person they love. All Americans should be treated equally by the law, whether they marry in a church, another religious institution, or a town hall...Civil equality is compatible with, and indeed promotes, freedom of conscience."

Brian Donahue, a Republican strategist who did not sign the brief, believes that because the list includes so many prominent Republicans it represents a "significant step" for the party.

"It's a sign that there is a growing interest in the party to take steps to broaden its reach in defining what's acceptable to be part of this party," Donahue said. "It's healthy for members of the party to express their beliefs and opinions even when they may not be favorable by party leadership. It's healthy for the party to examine how it affects the lives of all Americans and it's a healthy discussion that's taking place within the party to say, 'What do we stand for?'"

Some Republicans fear the amicus brief could badly split the Republican Party. Hogan Gidley, a GOP strategist who has worked on the presidential campaigns of both Mike Huckabee and Rick Santorum, says the Republican tent should be "very broad," but this move by the group of Republicans will widen the schism in the party.

"I don't want Republicans to be lazy and say, well Latinos are flocking to Democrats in droves so we should do amnesty,'" Gidley said. "The homosexual community is flocking to Democrats in droves so we should legalize gay marriage. The marijuana advocates are flocking to Democrats in droves, we should legalize drugs. To me that is a little bit reactionary, but also a little bit lazy."

Gidley said that he would "hate for anybody to sell their convictions in the hopes they get more votes."

Constitutional law experts say that while amicus briefs do not traditionally decide cases, they can be very influential.

Stanford constitutional law professor Jane Schacter says in this case she believes it could be an "influential brief" because it "telegraphs to the court that there is an increasing number of people who support same sex marriage and that it is no longer a partisan issue to the extent that it was."

"When this number of Republicans are saying it's an issue where there should be equality it changes the way it looks to the justices," Schacter said.

Yale constitutional law professor William Eskridge agreed, but said he believes the brief will not affect "the final vote, the likely affect is the way the opinion looks. Not just the majority opinion, but the dissenting opinion as well."

"It discourages a barnburning hysterical dissent," Eskridge said, noting Chief Justice John Roberts is less likely to sign on to a "barnburning" dissent after this brief.

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