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

West Kelowna Warriors edge Vernon Vipers 6-4

The teams meet again on Saturday, Feb. 22 at 6 p.m. for the final game of regular season

Prolific offenders from Alberta lead RCMP on chase from Kelowna to Abbotsford

Men first reported in Chilliwack ending with allegedly stolen vehicle in an Abbotsford pond

Fiery collision involving truck closes Highway 1 at Three Valley Gap

Drivers should expect major delays and congestion; estimated time of re-opening is 2 p.m.

Central Okanagan school superintendent addresses technology’s impact on students

Physical and mental well being for students key themes during Kevin Kaardal’s presentation

Westbank First Nation Grand Chief Noll Derriksan passes away

Derriksan was 79 at the time of his passing

HIGHLIGHTS: Day one and two at the 2020 BC Winter Games

Athletes had sunny – but cold – weather to work with in Fort St. John

Zamboni driver, 42, earns NHL win over Maple Leafs

Emergency goalie called into action for Carolina Hurricanes

Governor general says multiple solutions needed for ‘complicated’ overdose issue

Julie Payette met at a fire hall with firefighters and police officers as well as politicians and health experts

Landlord ordered to pay $11K after harassing B.C. mom to move days after giving birth

Germaine Valdez was pressured to move just a few days after giving birth by C-section to her child

Heart attacks strike B.C. husband and wife just over one year apart

Courtenay couple share personal stories to bring awareness to heart month

‘Nothing surprises us anymore:’ U.S. border officials find brain in package

U.S. Customs and Border Protection agents found the brain packed in a glass mason jar in a Canada Post shipment

Adapting to love along the Columbia River

One man starts a GoFundme to help his partner with health costs caused on the trip where they met

B.C., Ottawa sign sweeping 30-year deal for northern caribou habitat

West Moberly, Saulteau co-manage new protection on two million acres

Eyes on police after Trudeau orders blockades torn down, injunctions enforced

The RCMP in B.C. have sent a letter to the traditional leaders of the Wet’suwet’en Nation

Most Read