CALGARY – The mother of Calgary teacher Craig Kelloway said she feels “robbed” but vows “it’s not over” after the man convicted in the death of her son was sentenced Friday.
Justice Robert Hall handed down the sentence to Nicholas Rasberry, 32, for the death of Kelloway, 31. Hall gave 1.5 credit for time already served, leaving five years and four months left in the sentence.
“Two and a half, he’s going to be out, and my son is done for the rest of his life. But I’ll tell you–it’s not over,” Craig’s mother, Monica Kelloway, said from her home in Cape Breton, Nova Scotia.
“We got robbed in this process.”
But it’s not over–the prosecution has already appealed the conviction.
“First-degree murder, that’s what we’re looking for. It’s not manslaughter, it’s not second, it’s first. It’s for Craig, it’s to clear his name, because Craig was not what that man said.”
Rasberry had claimed Kelloway was threatening to rape him when he stabbed the teacher. In sentencing, the judge said he did not accept this as “near self defence” and said the use of three knives was a substantial aggravating factor in the case.
READ MORE: Court shown video of crime scene knives during Rasberry murder trial
Rasberry’s lawyer is also planning an appeal, of both the conviction and the sentence.
“Our position is we don’t even think he should have been charged,” Hersh Wolch told reporters outside of court.
Wolch said he will try to get Rasberry released on bail pending the appeal, even though he was arrested Thursday for breaching conditions of his last release. He’s accused of consuming alcohol and failing a breathalyzer test. He also received a 24-hour suspension for driving over 0.05.
READ MORE: Killer Nicholas Rasberry arrested for breaching bail condition, accused of impaired driving
“His parents were having a Christmas party and after work asked him to stay and wait and drive them home, and then he stayed and waited. He shouldn’t have had a drink, if he had a drink, but that is not exactly the crime of the century…having a drink with your parents on Christmas Eve after you’ve been on bail for a couple of years,” Wolch said.
The Kelloway family told Global News they can only hope justice will prevail. For them, that would mean no bail, and Rasberry behind bars.
“He is going to be alive. To me, my son loved Christmas, he loved that time of year, and I have him buried in a grave.”
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