CALGARY – Nicholas Rasberry, convicted of killing his neighbour, has filed an appeal of his manslaughter conviction and sentence.
Monday, lawyers for Rasberry filed an official Notice of Appeal citing eight grounds including “an unreasonable verdict,” and a “harsh and excessive” sentence.
Scroll down to read the Grounds for Appeal document.
Friday, Justice Robert Hall sentenced the 32-year-old in the manslaughter death of Craig Kelloway, 31. Hall gave 1.5 credit for time already served, leaving five years and four months left in the sentence.
Defence lawyers Hersh and Gavin Wolch are asking that the conviction be quashed and an aquittal be entered, or a new trial ordered. The Defence also told Global News it will seek bail pending the appeal.
The Crown has already filed an appeal in the case, asking for a conviction of second-degree murder, or a new trial ordered.
Kelloway’s mother has told Global News she wants a new trial.
“First-degree murder, that’s what we’re looking for,” Monica Kelloway said. “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.”
Kelloway was stabbed to death May 4, 2013 in Rasberry’s Auburn Bay home.
Rasberry maintained he was acting in self defence, and claimed Kelloway was threatening to rape him. 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. Kelloway was stabbed 37 times.
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