A Calgary man convicted of killing his neighbour nearly four years ago will remain behind bars for at least another night.
The victim’s family told Global News they are outraged to hear Nicholas Rasberry was allegedly drinking and breaching conditions of his release.
“Really they should revoke his bail. This is major,” Craig Kelloway’s mother Monica said Tuesday.
“He thinks he’s above the law. He’s making a mockery of the justice system.”
In October 2015, Rasberry was convicted of manslaughter in the death of Kelloway, a Calgary teacher.
Watch below from December 2015: Nicholas Rasberry, the man convicted of manslaughter in the death of Craig Kelloway, was sentenced to seven years in prison on Friday. Nancy Hixt reports.
Global News has confirmed Rasberry was arrested Monday morning in Canmore and charged with three counts of breaching conditions of his release, as well as one count of resisting arrest.
He had been out on bail pending a decision by the Alberta Court of Appeal and is scheduled to appear in Canmore court again Wednesday morning.
Court documents allege Rasberry was intoxicated and refused to provide breath samples to the RCMP. It’s also alleged he attempted to shut the door on officers at a hotel.
“It frustrates me, it makes me mad to see he’s enjoying life,” Monica said.
“My son is in a grave.”
Kelloway was stabbed 37 times in Rasberry’s Auburn Bay home on May 4, 2013.
Last November, the prosecution asked a panel of appeal court justices for a murder conviction, while defence proposed Rasberry be acquitted.
The Crown pointed to the fact that three knives were used as proof it was not self defence, suggesting Rasberry made a choice to “put Mr. Kelloway down.”
Defence argued Kelloway was threatening to rape Rasberry and that he was provoked.
Watch below from October 2015: A disturbing 911 confession was played in court from a man accused of murdering his neighbour, a Calgary teacher. Nancy Hixt reports.
The original trial judge found Rasberry was not acting in self defence, but also said he didn’t feel there was an intent to kill.
In December 2015, Rasberry was sentenced to seven years in jail. With credit for time served, he was left with five years and four months in his sentence.
Soon after, the Court of Appeal granted Rasberry bail pending the appeal.
The victim’s family has told Global News they want a new trial.