7 years for Calgary man who stabbed neighbour 37 times

CALGARY -- A man who argued he was fending off an attempted sex assault when he stabbed his new neighbour 37 times has been sentenced to seven years in prison.

See Full Article

Nicholas Rasberry was found guilty of manslaughter in October in the death of school teacher Craig Kelloway.

Rasberry admitted stabbing Kelloway after the two men and their wives had spent time drinking and visiting at a barbecue in May 2013. But he said he acted in self-defence.

Rasberry said that Kelloway, who was originally from Glace Bay, N.S., had threatened to sexually assault him and then his wife.

Calgary Queen's Bench Justice Robert Hall said he did not view the stabbing as "mere self-defence."

"Another aggravating factor is the devastating effect on the Kelloway family," Hall said. "He was of good character and had never been in trouble with the law."

Rasberry did not respond to the sentence, but said to a woman in the crowd "I love you." She replied, "I love you too."

With credit for time already spent in custody, Rasberry faces another five years and four months in prison.

The Crown has already appealed the conviction, arguing Rasberry should have been convicted of second-degree murder.

The judge had said at the time of his verdict that the prolonged attack on Kelloway, 31, was "excessive and unreasonable."

"The amount of force used is so far out of proportion as to render the accused's actions as being unreasonable."

Hall did say there was a level of provocation and that's why he found Rasberry, 32, guilty of the lesser charge instead of second-degree murder.

Court heard Rasberry made a call to 911 after the attack, saying he'd stabbed Kelloway when the teacher tried to have sex with him after the women had left them alone.

He told investigators he felt like he had to "put him down," but said the last thing he wanted was for Kelloway to die.

The Crown had argued Rasberry, who didn't testify during the trial, had not sufficiently explained why he needed to use three knives or why the attack was so vicious.

A medical examiner testified that Kelloway's chest cavity, lungs, ribs, intestine and diaphragm were punctured. The expert said the attack was so violent that knife fragments, including the tip, were left in Kelloway's body.



Advertisements

Latest Canada & World News

  • 100 people feared buried in China landslide

    World News CBC News
    A county government in southwestern China says around 100 people from 40 homes are feared buried by a landslide that crashed into their homes. The government of Mao county in Sichuan province says the landslide from a mountain fell onto the village of Xinmo at about 6 a.m. Source
  • Wainwright-based military member charged with child porn offences

    Canada News Toronto Sun
    A Wainwright-based soldier is charged with child pornography related offences after a joint investigation by the province’s Internet Child Exploitation unit and the U.S. Homeland Security Investigations. It’s alleged the man attempted to arrange to meet up with a Texas girl for sex, says a Friday news release from the Alberta Law Enforcement Response Teams. Source
  • Syrian doctor barred from U.S. under travel ban resettles in Toronto

    Canada News CTV News
    A respected Syrian doctor blocked from re-entering the United States to continue his Ivy League education after U.S. President Donald Trump’s travel ban has found a new home in Canada. Khaled Almilaji arrived in Toronto last Friday and was reunited with his wife, Jehan Mouhsen. Source
  • Michigan terror attack planned?

    Canada News Toronto Sun
    The Montreal man accused of trying to kill an airport cop in the U.S. did so on a highly symbolic day for Muslims, TVA reports. The network reports that Wednesday — the day Amor Ftouhi allegedly almost killed the officer at an airport in Flint, Michigan — was Laylat Al-Qadr or “night of fate. Source
  • Hockey hothead, 18, jailed for punching ref

    Canada News Toronto Sun
    Cole Trevor Crane’s hockey horizons have been put on ice. The Dave Schultz wannabe has been jailed for 30 days after pleading guilty to pummeling a referee during a PEI midget AA hockey game on March 26. Source
  • Heavy rains prompt evacuations in Ontario town

    Canada News CTV News
    WATERLOO, Ont. - Heavy rain in the Waterloo, Ont., area has prompted some evacuations and at least one community has declared a state of emergency. The town of Minto, northwest of Kitchener, declared an emergency Friday morning and moved up to 30 families from their homes and closed some roads and streets in the community. Source
  • U.S. senators ask military to clarify role in Yemen torture

    World News CBC News
    Pressure mounted on the U.S. Defence Department Friday after multiple senators called for investigations into reports that U.S. military interrogators worked with forces from the United Arab Emirates who are accused of torturing detainees in Yemen. Source
  • Mulcair unimpressed by Canadian sniper's record kill

    Canada News Toronto Sun
    NDP leader Tom Mulcair is targeting the Liberals after it emerged a Canadian sniper smashed the world record for the longest confirmed kill. The gunman took an ISIS fighter off the board in northern Iraq with a shot that travelled more than 3.5 kilometres to hit its target — more than a kilometre better than the previous top shot. Source
  • Black off-duty St. Louis police officer shot by white officer

    World News CTV News
    St. Louis police say a black off-duty officer who heard a commotion near his home and tried to help fellow officers arrest three black suspects has been shot by a white officer who did not recognize him. Source
  • Footing the bill: Yukon willing to swap free trip for human toes

    Canada News CTV News
    Tourism Yukon has started a strange (but they insist, very real) search for donated human toes. The macabre contest comes after a brown, mummified toe served in a famous cocktail in Dawson City went missing. Source