A man who was found guilty of manslaughter after he stabbed his friend 37 times has had his third appeal denied and is back behind bars.
Nicholas Rasberry was found guilty in the death of school teacher Craig Kelloway in May 2013.
Rasberry admitted in court he stabbed Kelloway after the two men and their wives had spent time drinking at a barbecue at Rasberry's Calgary home, but he said he acted in self-defence.
He said Kelloway, who was originally from Glace Bay, N.S., had threatened to sexually assault him and his wife.
A judge said he did not view the stabbing as mere self-defence, but he found there was provocation.
Rasberry was originally charged with second-degree murder, but was found guilty of the lesser charge and sentenced to seven years in prison. He hasn’t been in custody while the appeals were heard.
Kelloway’s mother Monica says Rasberry being back behind bars is bittersweet.
“To me I think anybody that has taken a person's life, they should be gone for life because my son is not coming back,” Monica Kelloway said.
“I don't have any energy to do anything. (Rasberry) took my life.”
The Kelloways say there is a possibility Rasberry could seek to have the case heard by the Supreme Court of Canada. If that were to happen, it would mark the fourth appeal put forth by Rasberry.
“It doesn't make sense. It's not fair to the victim or the victim's family,” said family friend Marguerite Verbeski.
Verbeski was with the family when the news broke that their son had been killed. She says it was a moment that changed their lives.
“This is going to be around their necks until the day they die. It's an absolute shame,” she said.
Kelloway believes Rasberry should have been found guilty of second-degree murder and feels let down by the justice system.
With files from The Canadian Press and CTV Atlantic’s Kyle Moore.
