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

Kelowna’s Fall Activity Guide now available online

COVID-19 guidelines and safety protocols will be in place at all times to ensure the health and safety of all participants

Wildfire sparked at Stuart Creek near Westside Road

An air tanker has been requested, according to BC Wildfire

UPDATE: House fire spreads to bush off Westside

Small blaze burning near Vernon in Six Mile area

Petition calls on Central Okanagan School District to make masks mandatory

“If masks do not become mandatory in schools, children will get sick” - Sorsha Perry

Temporary Kelowna COVID-19 testing site closes as case numbers stabilize

Testing is still available by appointment at Interior Health’s Urgent and Primary Care Centre

Perseid meteor shower at peak on Aug. 11 and 12

Find place away from city lights for optimal viewing

Brain safety top of mind for North Okanagan kids

Bylaw officers noticing a number of youth out riding bikes, scooters, skateboards without helmets

Lawsuit launched after Florida child handcuffed, booked and briefly jailed

Suit alleges “deliberate indifference” to what should have been handled as a behavioural issue

Russia approves vaccine, Putin hopes to begin mass production

Critic calls decision to proceed without thorough testing ‘dangerous and grossly immoral’

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

Summerland begins reopening aquatic centre

First phase of reopening planned for Sept. 8

Doctor slain in Alberta medical clinic was devoted father, husband

Red Deer doctors on edge after attack on colleague who had two young daughters

Most Read