Judge considers sentencing for man convicted of killing neighbour
Published Wednesday, December 2, 2015 6:12AM MST Last Updated Wednesday, December 2, 2015 5:29PM MST
Nicolas Rasberry, on the right, is seen in this photo with Craig Kelloway just hours before the fatal attack in May 2013.
The man who was convicted of manslaughter in connection with the death of Calgary teacher Craig Kelloway will be sentenced on December 11th.
Nicolas Rasberry was found guilty of manslaughter in the death of 31-year-old Kelloway in October.
The pair first met as neighbours in Auburn Bay back in May 2013. They began to drink together, and, later on that evening, an altercation ensued that resulted in Kelloway being stabbed 37 times by Rasberry.
Rasberry told police that he had acted in self defence, alleging that Kelloway threatened to sexually assault him and his wife, who was sleeping upstairs when the stabbing took place.
Justice Robert Hall rejected the self defence idea, but did find that Rasberry had been provoked into the stabbing.
At the time of the judgment, Crown counsel Todd Buziak said the nature of the force used in the attack could not have supported the self defence claim.
Since then, the Crown says Justice Hall made a number of errors in the provocation idea and has appealed the conviction.
They are seeking a conviction of second-degree murder, the original charge that Rasberry faced when he was originally arrested.
There is no further information on the appeal at this time, but the court says that it will not have any effect on the outcome of Wednesday's sentencing hearing.
Rasberry could be sentenced to life in prison or he could be released with no jail time.
The Crown is requesting Rasberry be sent to jail for 15 years.
Defence attorney, Hersh Wolch, argued that his client had spent 13 months in custody before he was granted bail and that he should not have to spend any more time in custody.
Rasberry spoke briefly in court and said he wanted to convey his heartfelt sympathies and apologies.
Victim impact statements were read on behalf of Kelloway's parents, who live in Nova Scotia, saying they are devastated that their son will not get ot watch his own son, Blake, grow up.
The judge in the case says time is needed to consider a decision and that Rasberry will be sentenced on Friday, December 11, 2015.