Nicholas Rasberry guilty of manslaughter in Craig Kelloway's stabbing death - Action News
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Calgary

Nicholas Rasberry guilty of manslaughter in Craig Kelloway's stabbing death

A Calgary judge found Nicholas Rasberry not guilty of second-degree murder but guilty of the lesser charge of manslaughter in the stabbing death of neighbour Craig Kelloway.

WARNING: This story contains graphic details

Nicholas Rasberry walks into the Calgary Courts Centre just before Justice Robert Hall found him guilty of manslaughter (Meghan Grant/CBC)

A Calgary judgefound Nicholas Rasberryguiltyof manslaughter inthe 2013 stabbing death of his neighbourCraig Kelloway.

The courtroomhad to be moved to the largest one in the Calgary Courts Centre to accommodate approximately 200 people who showed up for thedecision.

Many in the crowd wereRasberry'sfriends andfamily, as many of the victim's loved ones were stillback home in Nova Scotia.Kelloway had moved to the city six years before his death to be a teacher.

Rasberrywasoriginallycharged with second-degree murder, but the judge found hedidn't have the intentto commit murder.Justice Robert Hall rejected aself-defence theory, which would have led to an acquittal.

"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," he said.

Kelloway was stabbed 37 times with three knives. Rasberrybroke all three in his attack.

Sentencing for a manslaughter conviction ranges greatlyfrom a suspended sentence orno jail timeto a life sentence.

Thematter will be back in court on Nov. 6 to seta date for a sentencing hearing.Rasberryis allowed to remain out of custody pending his sentence with the condition he surrenderhis passport.

He looked as though he was fighting tears while he listened to the judge's verdict, but didn't have any comment as he left the courthouse.

The twometonlyhours before paramedics would findKellowaydying onRasberry'sfloor.Thenight had started out innocently, asthe neighbours justlived just two doors apart in the southeast community of Auburn Bay.

Rasberry andhis wife metKellowayand his girlfriendin their backyardand began drinking and barbecuing together on May 4, 2013.The festivities later took them fromKelloway'shome to theRasberrys.

But shortly after the women went to bed, something happened that causedRasberryto killKellowayin a violent, gruesome way.

Calgary police take Nicholas Rasberry into custody after a fatal stabbing at a home in Auburn Bay in May 2013. (Tim Fitchett)

Evidence

Rasberry has never denied killing Kelloway.

In a911 call played on the first day of trial,he says he did it because Kelloway threatened to sexually assault him.

This photo of Craig Kelloway, left, and Nicholas Rasberry, taken at 10:36 p.m. was entered into evidence at the trial. The 911 call Rasberry made, saying he had stabbed Kelloway multiple times, was placed at around 11:30 p.m. (Courtroom Exhibit)

"He tried to f--k me," he said to the operator."I stabbed him everywhere."

It's the same story Rasberry told the homicide detective who first questioned him in the hours after the killing.

During the two-and-a-half hour video, Rasberry tearfully toldDet. Trish Allen he didn't want Kelloway to die, but thathe feared for hissafety after being sexually threatened.

But throughout the interrogation,Allen tells Raspberryshe believes he'sskipping part of the story.

"I think you're leaving out what started it,"says Allen.

"I wish I knew," Rasberry responds.

"It doesn't make sense," Allen tells Rasberry. "You eviscerated him.His bowels were hanging out."

Hall said he was "skeptical"of Rasberry's version of events.

Rasberry was aware of weaknesses in his story, said Hall, but he didn't anger when Allen questioned him about those holes. Instead hecalmly tried to convince her he was telling the truth.

Nicholas Rasberry admitted to a police detective that he used three knives, breaking two and bending a third. (Court handout)