Top Alberta court dismisses appeals in case of Calgary man who stabbed neighbour

Appeals dismissed in neighbour stabbing case

CALGARY — Alberta’s highest court has dismissed two appeals in the case of a Calgary man who argued he was fending off an attempted sex assault when he stabbed his new neighbour 37 times.

Nicholas Rasberry was found guilty of manslaughter in 2015 in the death of school teacher Craig Kelloway.

Rasberry admitted stabbing Kelloway after the two men and their wives had spent time drinking at a barbecue in 2013, but he said he acted in self-defence.

He said Kelloway, who was originally from Glace Bay, N.S., had threatened to sexually assault him and then his wife.

The Appeal Court rejected a defence request to acquit Rasberry, but also dismissed the Crown’s submission that he should be retried on a charge of second-degree murder.

Rasberry remains free on bail until an appeal of his seven-year sentence is dealt with.

 

The Canadian Press

Note to readers: This is a corrected story. An earlier version said all appeals in the case had been dismissed and Rasberry would have to turn himself in.