- Category: Canada News
- Published Friday, February 12, 2016
- CTV News
The man who was convicted of manslaughter in the 2013 stabbing death of Calgary teacher Craig Kelloway has been released on bail, pending the outcome of his appeal.
Nicholas Rasberry, 32, was sentenced to seven years in jail in connection with Kelloway's death in December of last year.
Rasberry stabbed Kelloway 37 times with several different knives inside his home in Auburn Bay in May 2013.
The pair had met just hours earlier, and had been drinking together as part of a barbecue get-together.
During the trial, Rasberry's defence lawyers argued that he was provoked by Kelloway, who threatened to rape him and his wife, who was sleeping upstairs.
"He was grabbed, throttled and told he was going to be raped by a stronger man. I don't think, and any of you here, if you were in that position you would distinguish between where are we at in terms of a threat and I don't think too many people would do what the officer said, that she would run out and seek help down the street and leave a wife upstairs," said defence attorney Hersh Wolch.
Rasberry admitted that he stabbed Kelloway, and had done so in self-defence.
Justice Robert Hall, while rejecting the idea of self-defence, did agree that Rasberry had been provoked.
Rasberry is expected to be released later on Friday, with several conditions in place.
He is appealing his conviction, with his lawyers saying that the judge made errors in applying the self-defence legislation in the decision.
The Crown has also appealed the conviction, and is seeking a conviction on the elevated charge of second degree murder or a new trial altogether.