Calgarian who killed neighbour gets seven years
CALGARY The manslaughter conviction and seven-year sentence Nicholas Rasberry received for stabbing neighbour Craig Kelloway to death sets a bad precedent for people who defend themselves when they are attacked, says defence lawyer Hersh Wolch.
“The real issue everybody is grappling with is when somebody has an attempted rape on them and an attempted rape to the wife coming up in their own house, how far can you go to defend yourself ?” Wolch said outside court after Court of Queen’s Bench Justice Robert Hall delivered his sentence on Friday.
The May 4, 2013 incident at Rasberry’s home in Calgary occurred after the 32-year-old and his wife went to Kelloway’s home for a barbecue, then moved to the Rasberry home for more socializing.
Rasberry had faced a seconddegree murder charge, but the judge said the element of provocation and the fact the Crown had not disproven Rasberry’s claim he was being attacked reduced it to manslaughter.
However, the judge said Rasberry’s response was excessive.
Kelloway, 31, had a blood-alcohol level nearly four times the limit for driving. Rasberry’s alcohol level was not tested after the slaying.
“Here, Mr. Rasberry stabbed Mr. Kelloway 37 times. In doing so, he broke one knife, grabbed a second knife and broke the blade, then bent a third knife blade,” Hall said. “I agree that the amount of stabbing, the lack of injuries on Mr. Rasberry and the use of three knives are all significant aggravating factors. Were it not for a section of the Criminal Code (involving provocation), this would have been murder and he would have received a life sentence.”
Prosecutors had been seeking a 15-year sentence. After credit for time served, Rasberry’s remaining sentence is five years, four months.