A man who stabbed a Calgary teacher 37 times must serve his seven-year prison sentence.
The Alberta Court of Appeal has upheld a sentence for Nicholas Rasberry, convicted of killing Craig Kelloway.
The victim’s mother, Monica Kelloway, told Global News she’s relieved with the ruling, but said she’s exhausted after waiting for numerous appeals.
“(Rasberry) will not accept the fact that he’s a murderer,” she said. “He did it. The only victim in this whole scenario is my son.”
In a written decision released Thursday morning, the court of appeal stated “the sentence of seven years’ imprisonment imposed by the trial judge falls within the appropriate range for manslaughter and was a fit sentence.”
“We are not persuaded that there was reviewable error that removed the case from that range, nor wrongly placed the case within it. The appeal is dismissed.”
WATCH: Global News’ continuing coverage of the Nicholas Rasberry murder trial and appeal.
Rasberry used three knives to kill Kelloway in May 2013 in Rasberry’s Auburn Bay home.
The men lived two doors apart and had just met the day Kelloway was killed. They got together for a barbeque at Kelloway’s house; the party then moved to Rasberry’s home.
READ MORE: Manslaughter conviction stands for man who killed Calgary teacher
Rasberry was originally charged with second-degree murder but found guilty of the lesser charge of manslaughter.
Two months into his seven-year sentence, Rasberry was released on bail pending the appeals.
The original trial judge rejected a claim of self defence and called Rasberry’s actions “unreasonable.”
The court of appeal noted Kelloway suffered wounds to his front, back and sides.
“A number of those wounds would have made him unable to respond except by arm motions, leading to defensive wounds. There is no reviewable error in the trial judge’s description of the appellant’s actions, or in his conclusion that this was not a case of ‘near self-defence.'”
It remains to be seen if an additional appeal will be filed by Rasberry.
Monica Kelloway said she feels he’s made a mockery of the Canadian justice system.
Kelloway broke down as she admitted for her and her family, the ordeal will never really be over.
“Not when you lose a child, because it’s always there that he’s not with us.”
Rasberry will now need to turn himself in. He’s scheduled to go into custody at 10 a.m. on Tuesday at the Calgary Remand Centre.
After credit for time served, he has just over five years left in his sentence.
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