CALGARY — A Calgary man who was out on bail while waiting an appeal of his conviction for fatally stabbing his neighbour 37 times is back in custody for allegedly breaching the conditions of his release.
Nicholas Rasberry, 32, was sentenced to seven years for manslaughter in the May 2013 death of school teacher Craig Kelloway.
Crown prosecutor Matthew Block said that on Monday morning, Rasberry was arrested in Canmore, Alta., on charges of breaching his conditions by consuming alcohol and obstructing a peace officer.
The next court appearance for Rasberry will be on Wednesday and he will remain in custody until then.
During his trial, Rasberry testified he and his wife spent a night drinking with their new neighbours, teacher Craig Kelloway of Glace Bay, N.S., and his wife.
Rasberry told court that after their wives called it a night, Kelloway threatened to sexually assault him so he acted in self-defence, though the judge said stabbing the teacher so many times was "crazy, excessive force."
"In doing so, he broke one knife and had access to another," said Justice Robert Hall. "He broke a second knife and bent a third."
Lawyers for Rasberry have cited eight grounds for appeal, including an unreasonable verdict and a harsh and excessive sentence.
The Crown has also appealed, seeking a conviction of second-degree murder or a new trial.
The Canadian Press