Manslaughter conviction upheld for Nicholas Rasberry, who stabbed neighbour 37 times
Court dismisses appeals of conviction by both Crown and defence but Calgarian also appealing sentence
A Calgary man convicted of manslaughter after stabbing his neighbour 37 times will neither be acquitted nor re-tried for murder, as the Alberta Court of Appeal has dismissed appeals from both Crown and defence.
However, Friday's court decision doesn't mean Nicholas Rasberry will now go to prison as he also has an appeal pending the seven-year sentence he was handed after being found guilty in 2015.
In the appeals that were dismissed Friday, the Crown had argued Rasberry should be re-tried for murder while his lawyer asked for an acquittal.
In May 2013, Rasberry killed his neighbour Craig Kelloway, a teacher who had moved to Calgary six years earlier from Nova Scotia.
Kelloway left behind a girlfriend and infant son.
The two lived just two doors apart in the southeast neighbourhood of Auburn Bay and had met only hours before Kelloway was slain on May 4, 2013.
Rasberry and his wife got together with Kelloway and his girlfriend in their backyard for a barbecue and drinks, continuing a night of drinking at the Rasberrys' home.
Shortly after the women went to bed, Rasberry stabbed and slashed Kelloway 37 times with three knives, breaking two and bending the third.
In his call to 911, Rasberry told the operator he feared for his safety after Kelloway tried to have sex with him.
"He tried to f—k me," he said to the operator. "I stabbed him everywhere."
He has also said Kelloway threatened to sexually assault his wife, who was sleeping upstairs.
In delivering his decision, the trial judge said he was "skeptical" of Rasberry's version of events.
Originally charged with second-degree murder, Court of Queen's Bench Justice Robert Hall rejected the argument that Rasberry acted in self-defence but did find he was provoked.
Hall convicted Rasberry of the lesser offence of manslaughter.
Defence lawyer Gavin Wolch says he hasn't ruled out taking the appeal to the Supreme Court.
"We agree with the ruling to dismiss the Crown's appeal," said Wolch. "We are reviewing the decision regarding the rights of individuals to defend their families inside their homes."
Corrections
- An earlier version of this story said Nicholas Rasberry would begin serving his seven-year sentence after all appeals had been dismissed. In fact, the Alberta Court of Appeal dismissed both Crown and defence appeals of Rasberry's conviction on May 5, but he's still appealing his sentence so will not yet go to prison.May 05, 2017 12:31 PM MT