CALGARY – A man convicted of the manslaughter death of his neighbour in a drunken dispute was re-arrested Thursday over allegations of breaching his bail conditions and impaired driving.
Nicholas Rasberry, 32, was convicted of manslaughter in the death of Craig Kelloway, 31, who was fatally stabbed inside Rasberry’s Auburn Bay home in May 2013.
Rasberry has been out on bail for two years, pending his sentencing, which is scheduled for Friday, Dec. 11.
Police said he was arrested early Thursday morning and charged with breaking conditions of his release, specifically consuming alcohol. He was charged with one count of breach of condition and was given a 24-hour licence suspension after allegedly failing a breathalyzer test. Police didn’t provide details on his exact blood alcohol reading, but confirmed it was over .05, which triggered the suspension under Alberta legislation.
READ MORE: ‘I pray every night for justice for Craig’ – Calgary murder victim’s mother
Rasberry’s lawyer, Hersh Wolch, told Global News he was working as a bartender at his parents’ office Christmas party, and offered to drive his parents home at the end of the night.
Wolch said he finds it troubling Rasberry’s not able to spend his last hours before sentencing with his parents, and said he has no history of breaching his conditions.
“He’s been on bail for two years and police have discretion. I wouldn’t think a pre-Christmas drink would be enough to put someone in jail under these circumstances. Christmas means a lot to him, and given the circumstances, a little bit of discretion would have been appreciated.”
Rasberry remains in the Calgary Remand Centre. Wolch said he will try to get his client released Thursday.
READ MORE: Court shown video of crime scene knives during Rasberry murder trial
During his trial, Rasberry admitted to stabbing Kelloway 37 times, but said it was self defence after Kelloway threatened to sexually assault both him and his wife.
Rasberry and Kelloway lived two doors apart but hadn’t met until the day Kelloway was killed.
The two men and their wives had gotten together for drinks and a barbecue. Later that night, Rasberry called 911 saying he had stabbed Kelloway. He told the operator that Kelloway had tried to have sex with him after their wives had gone to bed.
The Crown has since appealed Rasberry’s conviction, seeking either a retrial or a conviction of the greater offence of second-degree murder.
Watch below: Ongoing coverage of the Nicholas Rasberry trial from Global’s Nancy Hixt
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