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

Salmon Arm’s Laura Hall to represent Canada in speedskating championships

16-year old to be the only athlete from B.C. on eight-person team

Share love of music with Salmon Arm Valentine’s Day concert

Roots and Blues welcomes festival favourites Kenny “Blues Boss” Wayne and Sherman Doucette

Habitat for Humanity seniors housing project in Salmon Arm moving forward

Twenty two units to be provided on 10th Avenue NE

RCMP offer update on recovery of illegal firearms, stolen vehicles in North Shuswap

$12,700 worth of pet food found in July 2019 search of Leopold Road property

Suspect reported head-butting Chase RCMP officer during arrest

Charges laid include break and enter, assault, resisting arrest and assault causing bodily harm

B.C. reports first coronavirus in Vancouver region

First patient visited Wuhan, China, reported symptoms

INFOGRAPHIC: See how fast your B.C. city grew in 2019

The province’s fastest-growing municipalities were located on Vancouver Island

Landowner hearings begin for Trans Mountain expansion in Alberta

Detailed route talks start in Spruce Grove, in B.C. communities soon

VIDEO: Canada looking to help 126 Canadians quarantined in China for coronavirus

China has confirmed more than 4,500 cases of the new virus, with more than 100 deaths

Alessia Cara to host and perform at 2020 Juno Awards

Multi-platinum Canadian singer-songwriter also up for six awards, including Artist of the Year

Watch out for scams, clickbait in the wake of Kobe Bryant’s death: Better Business Bureau

Kobe Bryant and his daughter were killed in a helicopter crash near Los Angeles

Calgary man dies in snowmobiling incident near Revelstoke

Boulder Mountain is a popular snowmobiling area west of the city

Kamloops killer who claims victim stabbed himself has appeal dismissed

Gordon Camille was sentenced to 6 years in a federal penitentiary following a 2018 manslaughter conviction

Most Read