On Wednesday, the judge that presided over the Oscar Pistorius trial told prosecutors that they could appeal her decision and seek a murder conviction against the athlete.
The New York Times reported that Judge Thokozile Masipa granted the appeal of Pistorius’ acquittal, but not the five-year sentence she imposed on the Paralympian for culpable homicide.
BBC News noted that the case will now go to the Supreme Court of Appeal in South Africa, which will decide if all the principles of law were applied correctly.
In September, Masipa said that the state did not prove beyond a reasonable doubt that Pistorius was guilty of premeditated murder when he shot his girlfriend Reeva Steenkamp on Valentine’s Day 2013. However, he was found guilty of the lesser murder charge of culpable homicide.
Prosecutors were very unhappy with the verdict since the sprinter could be released on house arrest after just 10 months.
The double amputee known as “Blade Runner,” shot Steenkamp through a closed bathroom door, but said that was only because he mistook her for an intruder.
If he is found guilty of murder he could face the minimum of 15 years in prison.