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

  • Texas grand jury declines to indict monsignor on charges of sexual assault

    World News CTV News
    HOUSTON -- A Texas grand jury has declined to indict the onetime deputy to Cardinal Daniel DiNardo on charges he sexually assaulted a married woman in a case that raised questions about consent in the MeToo era. Source
  • Proposed class action lawsuit filed over Halifax crane toppled by Dorian

    Canada News CTV News
    HALIFAX -- A proposed class action lawsuit is looking to recover losses sustained by businesses and residential tenants displaced by the collapse of a construction crane in downtown Halifax last month during post tropical storm Dorian. Source
  • Toronto police looking for two males in unsolved September homicide

    Canada News CTV News
    Toronto homicide investigators need the public's help to understand why a 21-year-old man was found shot to death in the back seat of his own car, some 19 hours after two males dropped the vehicle off at a plaza with the man still inside. Source
  • Liberals set to retain at least five seats in Newfoundland

    Canada News CBC News
    Polls have now closed in Atlantic Canada and will close in Quebec, Ontario and the Prairies at 9:30. p.m. ET. Elections Canada says roughly 27.4 million people are eligible to vote at one of the approximately 20,000 polling places across the country. Source
  • Four women testify on Indiana attorney general groping claims

    World News CTV News
    INDIANAPOLIS -- A state lawmaker testified Monday she told a lobbyist that Indiana's attorney general was a "creeper" soon after he allegedly drunkenly groped her at a bar. Attorney General Curtis Hill looked on as Rep. Source
  • Son of Brazil's Bolsonaro assumes key party post

    World News CTV News
    Eduardo Bolsonaro speaks during the opening of the International Seminar Challenges to National Defense and the role of the Armed Forces, in the Foreign Relations Committee of the Chamber of Deputies, in Brasilia, Brazil, Wednesday, Aug. Source
  • North Carolina inmate convicted of murder in deadly prison breakout attempt

    World News CTV News
    RALEIGH, N.C. -- A North Carolina inmate was found guilty Monday of murdering four prison workers during a failed escape attempt two years ago. Jurors deliberated for about half an hour before convicting Mikel Brady, 30, of four counts of first-degree murder in the state's deadliest attempted prison breakout. Source
  • 'I hope we did them proud': Farmers rally to finish grieving family's harvest

    Canada News CBC News
    Trevor Berkan's friends and neighbours remember him for his hard work in the community and the love he had for his family. Berkan died in the early morning hours of Oct. 9 after suffering an aortic dissection — a condition where the major artery carrying blood to the heart tears. Source
  • U.S. diplomat in Ukraine text messages to testify to Congress

    World News CTV News
    KYIV, Ukraine -- William Taylor has emerged as an unlikely central player in the events that are at the heart of the impeachment inquiry of President Donald Trump. The retired career civil servant was tapped to run the U.S. Source
  • 'Not taking shots': Defacer of Thunberg mural in Edmonton wanted voice heard

    Canada News CTV News
    EDMONTON -- A man says he defaced a mural of teenage Swedish climate activist Greta Thunberg because he wanted to take a stand peacefully and the artist who created it says he doesn't mind. James Bagnall says he wrote “stop the lies” and “this is oil country” on the painting of the 16-year-old girl against a bright-blue background along a light-rail transit line in Edmonton. Source