Daniel Ruff outside the Kelowna courthouse moments before the jury returned with a verdict on Oct. 24, 2017. (File)

Kelowna man loses appeal claiming he was too drunk to murder his roommate

Daniel Ruff will remain behind bars and is ineligible for parole until 2027

A Kelowna man convicted of second-degree murder has had an appeal of his conviction dismissed.

Daniel Ruff, 67, was convicted of second-degree murder in October 2017 for the June 14, 2015 death of his roommate Warren Welters.

Throughout the trial, Ruff claimed he was acting in self-defence when he struck his roommate in the head four times with a hammer and was not intending to kill him.

The jury sided with the Crown, finding Ruff guilty of second-degree murder. He was later sentenced to life in prison with no parole eligibility for ten years.

In June, Ruff appealed his conviction, adding he was intoxicated at the time of the offense.

During his appeal, he said he was too drunk to form the intent to murder Welters, hoping for a conviction of manslaughter instead.

Ruff contended Justice Alison Beames erred in her instruction on those matters.

“You may find Mr. Ruff guilty of second-degree murder only if the Crown has proved beyond a reasonable doubt that he had the intent required for that offence,” Beames told the jury during the 2017 trial.

“The mere fact that a person’s mind is affected by alcohol or drugs so that they lose inhibitions or act in a way in which they would not have done had they been sober is no excuse if the required intent is proved … In this case, you must decide whether the evidence of intoxication, along with all the other evidence, leaves you with a reasonable doubt whether Mr. Ruff had the intent required for murder at the time of the act.”

A Nov. 26 decision from the court of appeal found the judge’s instructions on intoxication and intent, and manslaughter were sufficient and the appeal was dismissed.

Ruff remains behind bars with no chance at parole until 2027.

READ MORE: Kelowna man loses appeal of drug conviction resulting from unlawful search

READ MORE: Kelowna man convicted of sexual assault could be deported after serving sentence


@michaelrdrguez
michael.rodriguez@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Accused in suspected Shuswap home invasion faces additional charges

One of men charged in Dec. 28 incident faces four counts from two weeks earlier

Driver ticketed after rollover on Highway 1 near Salmon Arm

Jeep Cherokee hit rock face before rolling multiple times

Foul play not currently suspected in death of man found near Sicamous

Body found in woods near vehicle linked to Edmonton police investigation of suspicious death

Boil water notice issued for North Shuswap community hall

Notice applies only to water system used by Scotch Creek facility

RCMP make request after safety flares prompt search on Shuswap Lake

Marine search and rescue crew finds boat unoccupied, no one in distress

B.C. records 62 new COVID-19 cases, two deaths since Friday

Province has just over 200 active cases

Summerland approves solar project

Despite community opposition, council voted 4-3 for Cartwright Mountain location

Police search for suspect in assault on woman in downtown Kelowna

Kelowna police received a report a woman had been assaulted by an unknown man on July 12

Hotel rooms for B.C. homeless too hasty, NDP government told

Businesses forced out, but crime goes down, minister says

Two positive COVID-19 cases at Oliver farm

The risk of exposure to the general public related to this farm is considered to be low

Oliver Town Hall closed to public as staffer displays COVID-19 symptoms

One staff member at Oliver Town Hall is being tested for coronavirus

Wage subsidy will be extended until December amid post-COVID reopening: Trudeau

Trudeau said the extension will ‘give greater certainty and support to businesses’

B.C. government prepares for COVID-19 economic recovery efforts

New measures after July consultation, Carole James says

Horoscopes for the week of July 13

Weekly horoscopes by Morgan Fava

Most Read