03/08/2013 02:43 EST | Updated 05/08/2013 05:12 EDT

Calgary reservist appealing conviction in soldier's death

A Calgary reservist who was found to be negligent in connection to a deadly training accident in Afghanistan is appealing his conviction and sentence.

Maj. Darryl Watts was found guilty last year of unlawfully causing bodily harm and negligent performance of duty.

He was demoted from major to lieutenant and given a severe reprimand for his role in the incident that killed an Edmonton soldier.

Watts, who is a full-time firefighter in Calgary, was the platoon commander when an explosive device killed 24-year-old Cpl. Josh Baker at a training range just north of Kandahar city in February 2010.

Four other soldiers were also wounded when an anti-personnel mine raked the platoon with ball bearings during the training exercise.

Watts' lawyer Balfour Der confirmed Friday that an appeal has been filed.

He says the appeal is based on the judge not allowing the military jury to consider Watts' lack of experience in the use of the C-19 anti-personnel mine.

Der said Watts was held to the same standard as someone with training.

"For what he did wrong, I don't believe he should have been demoted," he said.

The appeal will be held sometime in the next year at the Calgary Courts Centre in front of a civilian judge.