WARNING: This story contains graphic content. Discretion is advised.
The Supreme Court of Canada announced Thursday it will not to hear the appeal of a Calgary man who was convicted in the stabbing death of his neighbour.
Nicholas Rasberry’s conviction for the manslaughter death of Calgary teacher Craig Kelloway now stands.
“At least it’s a step in the right direction for us,” Kelloway’s mother Monica told Global News from her home in Glace Bay, N.S.
“We kind of figured out that he wasn’t going to win this,” she said.
“How can you take a person’s life as bad as you did or as brutally…then expect to get an acquittal?”
Kelloway was killed in May 2013 after being stabbed 37 times in Rasberry’s Auburn Bay home.
The men lived two doors apart but didn’t meet until the day Kelloway was killed. They got together for a barbeque at Kelloway’s house; the party then moved to Rasberry’s home.
Rasberry maintained he was acting in self defence when he stabbed Kelloway and said Kelloway was threatening to sexually assault both him and his wife.
Rasberry was originally charged with second-degree murder but found guilty of the lesser charge of manslaughter.
During Rasberry’s trial, Justice Robert Hall said, “I find myself skeptical of Rasberry’s version of events” and rejected Rasberry’s claim of self defence in light of the 37 wounds and three knives used in the stabbing. Hall called the actions of the accused “unreasonable.”
Rasberry was sentenced to seven years in prison, but after credit for time served he had just over five years left.
Two months into that sentence, he was released on bail pending the appeals.
He remains out on bail pending an appeal of his sentence at Alberta’s top court.
The victim’s family is frustrated Rasberry is not behind bars, despite the fact the conviction has been upheld.
“On a scale of one to 10, I’m way past 10,” she said. “My son is gone and Rasberry’s out there and he’s enjoying himself.”
Kelloway said the ongoing fight for justice has been taking a toll on her emotionally.
“You start to think, ‘Oh my God, what did his voice sound like? What would he look like today? How many students would he have taught and helped out?’” she said, as tears streamed down her face.
“Nicholas Rasberry took all that away. He took everything away.”
The sentence appeal will be heard by the Alberta Court of Appeal in late January.
Comments