WARNING: This story contains violent, graphic content. Discretion is advised.
The fate of Nicholas Rasberry, a Calgary man convicted of killing his neighbour more than three years ago, is being debated in the Alberta Court of Appeal Tuesday.
Rasberry was convicted of manslaughter in the death of Craig Kelloway, a Calgary teacher.
The prosecution has asked for a murder conviction, while defence proposed Rasberry be acquitted.
Kelloway was stabbed 37 times in Rasberry’s Auburn Bay home on May 4, 2013.
The Crown pointed to the fact that three knives were used as proof it was not self defence, suggesting Rasberry made a choice to “put Mr. Kelloway down.”
Defence argued Kelloway was threatening to rape Rasberry and was provoked.
“Is there a rape victim that’s not provoked?” defence lawyer Hersh Wolch said to the court.
“To be fair—he wasn’t raped,” one of the appeal justices clarified.
Watch below: Global’s past coverage of the Nicholas Rasberry case
The 911 call made by Rasberry was again played in court.
Rasberry told the operator: “Kelloway tried to f— me in the ass.”
When the operator guided him through CPR, Rasberry can be heard telling Kelloway he hated him.
“The guy just tried to rape me,” Rasberry said.
The original trial judge found Rasberry was not acting in self defence, but also said he didn’t feel there was an intent to kill.
Last December, Rasberry was sentenced to seven years in jail—but with credit for time served he was left with five years and four months in his sentence.
Soon after, the Court of Appeal granted Rasberry bail pending the appeal.
The victim’s family has told Global News they want a new trial.