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

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

Butter and sourdough bread is shown at a house in Vernon, B.C. on Wednesday, February 24, 2021. A Quebec dairy farmers’ group is calling on milk producers to stop feeding palm oil or its derivatives to livestock as controversy churns over how these supplements affect the consistency of butter. (THE CANADIAN PRESS - Jesse Johnston)
Poll: Care to spread your feelings on butter?

Reports of hard butter have rattled the Canadian dairy industry

A dose of COVID-19 vaccine is prepared at a vaccination clinic in Montreal’s Olympic Stadium on Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Paul Chiasson
39 new cases of COVID-19 in Interior Health region

The total number of cases in the region since the pandemic began is now at 7,334

Princeton has seen a 22 per cent drop in drug overdose fatalities in 2020. (File photo)
While B.C. overdose deaths soar, Princeton made a recovery in 2020

Between 2018 and 2020, eight Princeton residents died of suspected overdose.

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Options available for medical care

Telephone and online methods allow people to contact doctors

Youth from Vernon, Kelowna, Penticton and the Kootenays were able to dig into two evenings of online learning and connection through United Way Southern Interior B.C.’s <CODE>anagan program. (Submitted)<code> </code>
CODEanagan gives youth a chance to learn about technology

The youth, aged 12 to 21, built their own WordPress sites and developed blogging ideas

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

Chase RCMP held two men involved in drunken disturbances overnight in their detachment’s cells on Feb. 6. (File Photo)
Chase RCMP hold two men involved in drunken disturbances overnight

The two seperate incidents took place less than an hour apart.

Kamloops Fire Rescue battled a landfill fire which belched toxic smoke into the air on Feb. 27. (City of Kamloops Photo)
Fire at Kamloops landfill sends thick black smoke into the air

Firefighters made slow progress on the fire throughout the morning.

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Approximate location of the vehicle incident. (Google Maps)
Vehicle incident blocking Coquihalla traffic in both directions

Both directions of traffic stopped due to vehicle incident

(HelloKelowna - Twitter)
West Kelowna billboard bearing anti-vaccine messaging deemed misleading

Ad Standards investigated the billboard, noting a lack of evidence to support the messaging

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Summerland affordable housing proposal opposed

“For a building that will change the dynamic of a small town, I would have expected more discussion.”

Baldy Mountain Resort is temporarily closed following the death of a resort family member. Pictured above is a sunrise at the resort, Feb. 19, 2021. (Baldy Mountain Resort/Facebook)
Baldy Mountain ski hill closed following death of resort family member

Authorities currently investigating, resort set to reopen Sunday, Feb. 27

Most Read