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'Blade Runner' breaks down in court

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    Oscar Pistorius weeps as prosecutors claim premeditated murder

  • Duration 4:21
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And that's something -- were watching this morning in a Fox News alert we are waiting to hear from the family.

Of -- -- camp right now.

Her boyfriend of Olympian Oscar the story -- is accused of killing her in South Africa well that south African sprinter was in court just a few hours ago.

And he'd broken down while he was in court broke down in tears.

Prosecutors upgraded the charges -- premeditated murder.

In the Valentine's Day killing of his fashion model girlfriend he is the first -- double amputee to ever complete in the Olympic Games.

Earning the nickname blade runner for his carbon fiber prosthetic legs.

Rod Wheeler is a former DC homicide detective and he's a Fox News contributor he joins us now to talk about this case.

You know yesterday we were talking about -- we thought it the charge might be murder today waking up it's premeditated murder what do you think cops have -- Well you're exactly right apparently the police have learned new information Heather pertaining to this murder now the question to our remains here was there -- note of some type and how coincidental.

That this murder was -- Right at the same time -- Valentine's Day and whether or not there was some other type of communication between Oscar and this -- You know prior to her coat -- going over to his home so I think what wants the police learn all of that information.

Then they decided to up the charges from this murder to premeditated murder which of course simply means that this had to be a plan -- that.

Bright we know we're also hearing stories of some of the neighbors were reported -- -- -- perhaps some sort of arguing.

Perhaps perhaps coming from his house could that have played a role in us.

Well I think that's gonna play a significant -- and let me just quickly explain to you why -- how to -- the charge us.

Yes it a cut because depending upon remember first of all this guy Oscars did that he thought the person was an intruder coming into his home.

Well once the police arrived on the scene they found out that the evidence was not consistent with what he was saying for example there was no signs of forced entry.

So there's -- -- the forced entry there's no other signs of a struggle.

The only thing we have is this guy with a weapon shooting her and you have the witnesses saying that they heard an argument -- Prior to the murder all of these things combined war obviously the F factor in the court case I'd rather -- -- -- topsy on the victim is taking place today what specifically or will they be looking for.

Excellent question there's a lot of ballistic information that we can gain from the autopsy for example real quickly how far was the actual shooter Oscar in this case from the victim.

You know whether or not there is -- -- by injuries on her body that.

-- perhaps -- state prior.

To being shot what about injuries on his body so all of these things -- the autopsy will be consider and I actually think it's gonna be part of the overall case other.

All right rules in courtrooms are different all across the world not as familiar with their system there.

But I'm wondering what can be admitted as evidence we hear about past domestic calls he was arrested back in 2009.

For allegedly assaulting someone -- apparently threatens to break some guys' legs a guy who was apparently involved with an ex girlfriend or something like that.

Can any of that play into this case here.

Well here's the thing in any -- country obviously you can try to get that information and as part of the court case obviously his defense is gonna try to argue that it should not be -- it.

Because that's not relevant to this particular case -- -- -- -- -- to see whether or not the judge over there in South Africa allows that to be part of this case.

But again I think they're gonna try to stop kind of create a profile Heather of this guy and saying that this guy was pre determined he had set out to kill her in this is why he did at the -- in this case.

It was going to be very interesting because we have not heard that yet Heather.

-- certainly the motive is what would be -- what would cause this guy potentially to go out and commit this kind of murder.

Although prosecutors might try to paint him as some sort of a hot had because he has gotten a little a little bit of trouble in the past.

And there's been reports that he's pulled his weapon on someone once before so all of these things are clearly gonna play a role in this case wants it in fact goes to court another -- just a couple seconds I he's a big star down in South Africa to think that'll earn him -- -- breaks.

You know it's hard to say I'm obviously here the United States we don't consider that over in South Africa it may play a role in this as well it will have to wait and see exactly whether or not it will already Rod -- thank you so much of former DC homicide detective.

And also a Fox News contributor wants to.

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