Calgary man convicted of manslaughter in stabbing of new neighbour

CALGARY – A man who argued he was fending off an attempted sex assault when he stabbed his new neighbour 37 times has been convicted of manslaughter.

A judge, in rejecting Nicolas Rasberry’s defence, said the prolonged attack on Craig Kelloway in May 2013 was “excessive and unreasonable.”

“The amount of force used is so far out of proportion as to render the accused’s actions as being unreasonable,” Justice Robert Hall said Wednesday in a Calgary courtroom.

“Long before the stabs and slashes were complete, the victim would have been disabled and the continuation of the knife attacks quickly becomes excessive and unreasonable.”

Hall did say there was a level of provocation and that’s why he found Rasberry, 32, guilty of the lesser charge instead of the second-degree murder he was charged with. Rasberry said Kelloway had threatened to sexually assault him and his wife.

Kelloway, 31, was originally from Glace Bay, N.S., and had just moved in next door. He was killed the same day the two men and their partners had a few drinks and a barbecue together for the first time.

Rasberry made a call to 911 after the attack, saying he’d stabbed Kelloway when the teacher tried to have sex with him after the women had left them alone.

He told investigators he felt like he had to “put him down,” but said the last thing he wanted was for Kelloway to die.

Rasberry was visibly distraught and attempted to hold back tears as the judge recounted what happened.

The verdict was delayed slightly as a larger courtroom had to be found to accommodate the 150 to 200 friends and family who attended.

There was an audible gasp from onlookers when the judge rejected Rasberry’s self-defence argument.

The Crown had argued Rasberry, who didn’t testify during the trial, had not sufficiently explained why he needed to use three knives or why the attack was so vicious.

A medical examiner testified during the trial that Kelloway’s chest cavity, lungs, ribs, intestine and diaphragm were punctured. The expert said the attack was so violent that knife fragments, including the tip, were left in Kelloway’s body.

Prosecutor Todd Buziak was satisfied with the verdict.

“Of course we’re pleased with the outcome,” he said outside the courthouse. “He found there was self defence; however, the nature of the force used by Mr. Rasberry was excessive under the circumstances and therefore could not be justified.”

Rasberry’s lawyer, Hersh Wolch, had little to say about the decision or his client.

“We haven’t gone into great depth about it. He’s taking it in. He’s a good young man, so we’ll see.”

Rasberry is to return to court Nov. 6 so that a date can be set for hissentencing.

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