Nicholas Rasberry found guilty of manslaughter in the death of Calgary teacher Craig Kelloway

It was a packed courtroom as the Judge read the verdict in Nicholas Rasberry’s murder trial

Rasberry would be found guilty of manslaughter in the death of Calgary teacher Craig Kelloway.

Court of Queen’s Bench Justice Robert Hall rejected the defense team’s argument that the death was self-defence, calling into question the fact that Kelloway had been stabbed 23 times and slashed another 14.

The accused, at times looked emotional, but had little show after learning his fate.

Hall also called into question the three knives Rasberry used in the ordeal, one of them breaking off and left inside the victim’s body.

Rasberry had told police that he stabbed Kelloway because Kelloway had threatened to rape him and his wife who was sleeping upstairs.

“I’m clearly of the view that the amount of force used and the use of three knives was far out of proportion and unreasonable,” Hall said in his ruling. “The court accepts the threat was of great mental consequence and could be one viewed as that of bodily harm.”

In a self-defense trial, Hall said the onus was on the Crown to disprove the allegations of Rasberry and lawyers and failed to prove that he was provoked.

The matter has been adjourned until Nov. 6 when lawyers will decide on sentencing in Criminal Appearance Court.

Hall had said he was looking for a date sometime this year, towards the end of November.

Rasberry was released until sentencing and has been ordered to surrender his passport to the Calgary Police within 24 hours.

He’ll have to undergo a psychiatric assessment to be ready for November 12th; victim impact statements will be read at sentencing.

Crown Prosecutor Todd Buziak speaking to reporters after the verdict was read, said he was pleased with the outcome.

“The decision we found to be very thorough and of course we’re pleased,” he said.

“In essence, he found there was self-defence but the nature of the force used by Rasberry was excessive under the circumstances and therefore could not be justified under self-defence. However the situation as set forth under the evidence was that the event was spontaneous and the reaction was in relation to the spontaneous act, which gives rise to provocation.”

Buziak says they’ll have to consider a number of factors before they submit what kind of sentence they’ll be seeking.

Sentencing for manslaughter can vary from probation up to a prison sentence into the double digits.

Defence lawyer Hersh Wolch had very few words for reporters outside the courthouse.

Wolch says he hadn’t had a chance to speak with his client, in depth over the decision, but added he was a good young man and they’ll need some time to assess what was said.

“I want to read it over and think about it, the judge obviously put a lot of work into it and I want to take some time,” he said.

He declined to tell media what he’ll be seeking in terms of sentencing, saying “I’d rather tell it to the judge.”

Rasberry declined to speak with reporters after he left the courthouse, only shaking his head.

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