Nicholas Rasberry granted bail pending appeal

Nicholas Rasberry, the Calgary man who was found guilty last year of manslaughter for stabbing his neighbour to death, has been granted bail pending his appeal.

Rasberry wassentenced to sevenyears in prison for stabbing and slashingCraig Kelloway 37 timesinMay2013. Heclaimed it was in self-defence from a sexual assault.

At the Alberta Court of Appeal, Justice Frans Slatter heard arguments from Rasberry's lawyer who asked his client be released, and the Crownwho opposed it.

"If the court cannot understand what led Mr.Rasberryto this level of violence then the court can not craft conditions to control him," said Crown lawyerJolaineAntonio in her arguments.

Rasberry's lawyer Hersh Wolchcalled him"a young man with animpeccablebackground, an impeccable lifestyle."

"We feel we have very strong grounds and will be successful," saidWolshof his appeal.

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.

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

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.

Shortly after the women went to bed,RasberrykilledKelloway.

Cross appeals filed

One day before he was sentenced for manslaughter,Rasberrywas arrested for breaching his bail conditions when he was caught at a check-stop driving his parents home from a Christmas party and admitted to police had been drinking.

Both the Crown and defence have filed appealsthe prosecution wants Rasberry re-tried for murder while his lawyer wants an acquittal or at least a lesser sentence.

Both appeals will be heard together. A date for that hearing has not yet been set but is expected to be held sometime in 2016.

There will be conditions attached to Rasberry's release but those still have to be worked out between Antonio and Wolch.