Thomas Brayden Kruger-Allen was sentenced to	(Facebook photo)

Thomas Brayden Kruger-Allen was sentenced to (Facebook photo)

Penticton beach attacker to serve two more years behind bars

Thomas Kruger-Allen was sentenced in a Penticton court on Friday

In what is a small comfort for the families and victims of Thomas Kruger-Allen’s beach attack, the 23-year old will serve further time in jail.

Kruger-Allen will spend five years less two years and 68 days for time already served. In the end, he will serve two years and 297 days.

In June of last year, Kruger-Allen pleaded guilty to aggravated assault of Brad Eliason for the May 3, 2019 beach attack. He also pled guilty to assaulting two other people that night on the beach, for which he will serve one day each concurrently with the aggravated assault sentence. The charge against Kruger-Allen for sexual assault was stayed.

“Kruger-Allen, you have difficult work ahead of you,” said presiding Supreme Court Justice Geoffrey Gomery. “Despite the grim conditions you endured growing up, you are responsible for your actions and their consequences. Your challenge is to rise above your anger and sadness, and be the good person you have the potential to be.”

Eliason, 29, was put into an induced coma for several days and a portion of his skull needed to be removed due to brain swelling.

“I’ve lost everything,” Eliason told the courtroom. “I’ve lost my wife, my home, my job.”

When the attacks occurred, Kruger-Allen was out on a bail for an unrelated, unprovoked attack outside the then Mule Club. He also is going to trial in May, charged in a home invasion he allegedly committed while out on bail from the beach attacks.

While he was in custody following the beach attack, he also committed several institutional convictions, including possessing contraband, assaulting another inmate, threatening or abusing staff, disobeying staff direction and obstructing an officer.

“Until he is able to address his anger and substance abuse, Mister Kruger-Allen is a danger to public safety,” said Justice Gomery. “Putting him in prison for a lengthy period of time is a band-aid.”

Kruger-Allen had been scheduled to be sentenced on Wednesday, March 3, but his defence, James Pennington, introduced an application that his Charter Rights had been breached during the arrest.

The defence argued that RCMP did not have a warrant to enter Kruger-Allen’s residence and that even if the circumstances did not add up to a full breach, that it could be taken into consideration as a mitigating factor for his sentence.

Crown argued that officers did not intend to enter the residence, but had done so after Kruger-Allen refused to exit after being told why he was under arrest.

Justice Gomery found that the potential breach was not enough to affect his sentencing.

Crown counsel had asked for a sentence between five to six years before time served was taken into account.

Mitigating circumstances considered by the Justice included his age, his willingness to work with counsellors to address his anger and substance abuse problems, the support available to him from his mother and other family members and his work history.

Kruger-Allen’s genuine remorse and his Indigenous heritage were also cited by the Justice. His upbringing, and background, are closely connected to the issues that contributed to the May 3 assault.

However, Justice Gomery noted that there many aggravating factors as well in the case when it came to sentencing.

“In my view, Mister Kruger-Allen’s criminal record, in particular, his previous conviction for assault, which occurred on August 12, 2017. This should have served as a wake-up call for Mister Kruger-Allen, an opportunity to reflect on the consequences of his actions and change his behaviour,” said Justice Gomery.

Kruger-Allen’s decision to have been drinking before the assault, the unprovoked nature of all three assaults, and the great force he applied to Eliason were also considered aggravating factors.

The Supreme Court Justice also stated that he had found the recommendations in the court-prepared psychiatric report persuasive, which included requirements for Kruger-Allen to undergo further programs to manage substance abuse and anger.

That report stated that Kruger-Allen posed a serious safety concern to the community.

READ MORE: Kruger-Allen poses safety threat to the community if anger not treated – Crown

A trial later this summer will be held for Kruger-Allen for the charges related to the home invasion that occurred in October 2019 while he was out on bail.

To report a typo, email: editor@pentictonwesternnews.com.


@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Cops and Courts

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Oliver Fire Department. (Submitted photo)
More human caused fires in Oliver

Firefighters have been kept busy putting out several potentional wildfires

Old English design elements can be seen in the sign of the Summerland Farm and Garden Centre in 1993. The guidelines are no longer in place, but some downtown businesses still show aspects of the days when Summerland had a theme in place. This photo was taken by Summerland photographer Dan Dorotich. (Photo courtesy of the Summerland Museum)
Summerland’s Old English theme has been abandoned

From the 1980s until the early 2000s, Summerland had design guidelines in its downtown

Penticton bylaw officers tore down a “pretty significantly sized” homeless camp underneath the bridge near Riverside Drive Friday, April 16 morning. (Brennan Phillips - Western News)
Penticton bylaw tears down ‘significantly sized’ homeless camp under bridge

Many residents had made complaints about the camp before it was torn down

Through their Simple Generosity campaign, Valley First has pledged to donate $1 million of community support to British Columbia communities in 2021. (Contributed)
Valley First rewarding Penticton families with innovative way to thrive together

Participants with ‘inspiring ideas’ will receive a surprise for their family, valued at up to $2,500

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Flow Academy is located at 1511 Sutherland Avenue in Kelowna. (Michael Rodriguez - Capital News)
Black Press Media Weekly Roundup: Top headlines this week

Here’s a quick roundup of the stories that made headlines across the Okanagan, from April 11 to 16

A vial of some of the first 500,000 of the two million AstraZeneca COVID-19 vaccine doses that Canada secured. THE CANADIAN PRESS/Carlos Osorio
Canada’s 2nd blood clot confirmed in Alberta after AstraZeneca vaccine

Thw male patient, who is in his 60s, is said to be recovering

Valen a student of Coldstream Elementary writes advice for adults amid a pandemic.
‘We can get rid of COVID together’: B.C. kids share heartwarming advice

Elementary students share their wisdom to adults in unprecedented times

Mervin Mascarenhas giving one of his pens to Honorary JP-MP. Premier David Burt of Bermuda. (Image: Mervin Mascarenhas)
Kelowna man who made $90K ‘Space Pen’ recognized by dignitaries, sheikhs

Mervin Mascarenhas is the first Canadian to grace the cover of Millennium Millionaire Magazine

The funeral of Britain’s Prince Philip in Windsor, England, on Saturday, April 17, 2021. Philip died April 9 at the age of 99. (Kirsty Wigglesworth/AP)
PHOTOS: Prince Philip laid to rest Saturday as sombre queen sits alone

The entire royal procession and funeral took place out of public view within the grounds of Windsor Castle

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
B.C. health minister says delay in Moderna vaccine ‘disappointing’

‘The sooner we get vaccines in people’s arms the better, and inconsistency in delivery is a consistent problem. This is simply a reality and not an issue of blame,’ Adrian Dix said Friday

(Police handout/Kamloops RCMP)
B.C. man dies in custody awaiting trial for Valentine’s Day robbery, kidnapping spree

Robert James Rennie, who was on the Kamloops RCMP’s most wanted list, passed away at the North Fraser Pretrial Centre in Coquitlam

Photos of Vancouver Canucks players are pictured outside the closed box office of Rogers Arena in downtown Vancouver Thursday, April 8, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canucks games against Leafs postponed as team returns from COVID-19

The team has had 11 games postponed since an outbreak late last month

Danita Bilozaze and her daughter Dani in Comox. Photo by Karen McKinnon
Island woman makes historic name change for truth and reconciliation

Becomes first person in Canada to be issued new passport under the TRC Calls to Action

Most Read