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

Buziak would not speculate on what he and Block would seek for a sentence, but said manslaughter could range anywhere from a brief period of incarceration up to double-digits in years.

Photo by Daryl Slade / Calgary Herald

Hersh Wolch was very non-committal in his reaction to the verdict and sentencing, saying only he and his client “haven’t gone into it in great depth. He’s taking it in.”

“I want to read (the decision) over and think about it. The judge put a lot of work into it,” Wolch said. “It’s not a matter of comfort (that it wasn’t murder), we just want to get the matter over with.”

Rasberry had told both the 911 operator and city police Det. Trish Allen the next afternoon repeatedly that he was defending himself from a potentially violent sexual attack by a man whose blood alcohol proved to be .30 — nearly four times the maximum driving limit in Alberta.

Court heard Kelloway, his girlfriend and a fellow teacher had gathered for a barbecue that day at his home. Rasberry came over to introduce himself and he and his wife were also invited.

Following dinner, they were invited to Rasberry’s home and they continued drinking alcohol. After Rasberry’s wife went to bed and Kelloway’s girlfriend went to walk the dog before going to bed, the two men were left alone and by all accounts were having a good time.

It was then that something went horribly wrong and the only evidence was what Rasberry told 911 and police.

After delivering his verdict Wednesday, Hall ordered a psychiatric report for Rasberry, and said he wants him sentenced by the end of December. A sentencing date will be set on Nov. 6 and the psychiatric report by Dr Sergio Santana is due Nov. 12.

dslade@calgaryherald.com

Twitter.com/heraldcourt