Murder conviction upheld for man who stabbed partner 32 times

New Brunswick's top court has upheld the murder conviction of a Hillsborough man who stabbed his partner 32 times in 2020.

Calvin Andrew Lewis was convicted of second-degree murder for the May 2, 2020, killing of Tina Tingley-McAleer in their home south of Moncton.

Lewis admitted at trial to stabbing the 43-year-old Tingley-McAleer but claimed she provoked him.

In 2023, Court of King's Bench Justice Robert Dysart rejected the provocation defence. Had Dysart accepted the provocation argument, it would have reduced his blameworthiness and resulted in a conviction of manslaughter. 

Lewis was sentenced to life in prison with no chance of parole for 15 years. 

He appealed, arguing Dysart made errors in his decision. The decision issued Thursday says Dysart correctly decided the case. 

"The judge concluded the threat was neither sudden nor unexpected; it merely confirmed what Mr. Lewis already believed," the ruling concludes. "There is no palpable or overriding error, nor is the verdict unreasonable."

The trial heard that Tingley-McAleer and Lewis had been in a relationship for two years marked by frequent arguments and drug use.

Lewis was described as behaving in a paranoid and erratic way ahead of her death. Witnesses testified about Lewis threatening several times to kill Tingley-McAleer, while he testified he believed she was planning to kill him.

Lewis testified during his trial that he found a needle and confronted Tingley-McAleer about it. He said her response was  "'You'll be done before the end of the day anyway," which he took as a threat to kill him.

He testified she reached for her phone, and he grabbed a knife and "lost it," stabbing her repeatedly. He left the home and called police.

Witnesses at the trial testified they didn't see needles in the home, and Lewis said the pair had not been consuming drugs intravenously.

The Appeal Court decision written by Justice Ivan Robichaud says Dysart correctly concluded Lewis didn't suddenly lose control after being provoked but acted to end "what he perceived as an unbearable situation."

"The verdict is one a properly instructed judge, acting judicially, could have reasonably reached. Therefore, there is no unreasonable verdict."

Nathan Gorham, a lawyer representing Lewis, said he will review the decision with his client and offer advice on options for further appeal. He declined to comment further.