Supreme Court of Canada dismisses appeal application from Calgary man who stabbed neighbour 37 times

The Supreme Court of Canada has decided it won't hear an appeal from the Calgary man who was convicted of manslaughter for a gruesome attack in which he stabbed and slashed his neighbour 37 times, breaking three knives in the process.

Nicholas Rasberryclaimed the attack was in self defence, in response to what he described as a sexually charged threat toward himself and his wife from his neighbour, CraigKelloway.

• Manslaughter conviction upheld for Nicholas Rasberry, who stabbed neighbour 37 times

Originally charged with second-degree murder in relation to the 2013 killing,Rasberrywas found guilty of manslaughter in 2015.

That conviction was upheld by the Alberta Court of Appeal earlier this year butRasberry'slawyer filed an application seeking leave to appeal the conviction to the Supreme Court of Canada.

On Thursday, the nation's top court dismissed the application.

Kelloway was a teacherfrom Nova Scotia who had moved to Calgary six years before he was killed. He left behind a girlfriend and infant son.

Rasberry and Kelloway lived two doors apart in the southeastern community of Auburn Bay and met for the first time on the afternoon of May 4, 2013 mere hours before Kelloway was killed.

The men and their significant others got together for a barbecue and drinks in Kelloway's back yard before continuing the night at the Rasberrys' home.

Shortly after the women went to bed, Rasberry stabbed and slashed Kelloway 37 times with three knives, breaking two and bending the third.

Rasberrythen called 911 and told the operator he had feared for his safety afterKelloway tried to have sex with him. He also said Kelloway threatened his wife.

The trial judge said he was "skeptical"of Rasberry's version of events and rejected his claim of self-defence, which would have meant an acquittal.

Court of Queen's Bench Justice Robert Hall found Rasberry was provoked, however, and reduced the conviction from second-degree murder to manslaughter.

Rasberry remains out of prison on bail, pending a separate appeal of his seven-year sentence.

The Alberta Court of Appeal is set to hear that matter on Jan. 30, 2018.

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