Crown seeking 6 to 8 months for Kruger-Allen in group assault

PENTICTON – A Penticton man who has allegedly put several people in hospital with random violent attacks will be sentenced in August for one of the assaults.

Thomas Braydon Kruger-Allen made headlines for a May 4 unprovoked attack on a Penticton beach that put a man in hospital with a severe brain injury but while he awaits prosecution on that file, he was in court today for another assault.

He is due for sentencing on two charges stemming from an Aug. 12, 2017 incident in downtown Penticton. He was one of a group of men accused of attacking a man as he left the The Mule, a former Penticton nightclub.

The man was punched and kicked, sustaining stitches, a shattered nose and orbital bone.

Crown Prosecutor Nashina Devji told court Kruger-Allen was part of a group of four or five men who participated in the attack.

Police arrested Kruger-Allen after he was found with traces of blood on his shoes.

The 21-year-old pleaded guilty plea to assault for kicking the victim.

He also pleaded guilty to a breach of court orders March 16, 2019, when Kruger-Allen was arrested after his mother called police to say Kruger-Allen had assaulted her and was "destroying the house.”

Police arrived to find Kruger-Allen heavily intoxicated, in contravention of a court order prohibiting alcohol.

Devji said Kruger-Allen’s pre-sentence report described his “difficult, sad upbringing.”

She said his life has been one of “chaos, and violence in the family where he was neglected, left for long periods unsupervised and fending for himself.”

She also noted Kruger-Allen’s contrary side, where he took responsibility for paying off a number of speeding tickets, and was considered to be a reliable worker.

But Kruger-Allen’s pre-sentence report called him “chronically angry,” with an explosive temper and impulses toward violent, reckless behaviour.

She also pointed to one doctor’s report describing Kruger-Allen as having “intermittent explosive disorder.”

Devji said these traits raised serious concerns about Kruger-Allen’s freedom and public safety. She said he lacked insight into his role in the assault and minimized the injuries caused to the victim.

She also noted Kruger-Allen’s recent behaviour included combative behaviour towards police during a curfew check, and other violent behaviour while he was incarcerated at Okanagan Correctional Centre.

She asked Judge Andrew Tam for a six to eight month jail sentence followed by two years’ probation.

Defence lawyer Norm Yates asked the judge to consider rehabilitation and alternatives to prison when passing sentencing.

Yates called his client apologetic and “generally of good character.”

He asked the judge to consider a portion of time – 30 days – recently served by Kruger-Allen, who was released on June 24 after serving 51 days on another matter.

Judge Tam said counsel had given him much to think about, adjourning the matter to the judicial case manager’s office to fix a new date for his decision.

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