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Thomas Kruger-Allen sentenced to five years for violent, unprovoked attack on the beach in 2019; will spend just under three years behind bars

5 years for beach attack

Thomas Kruger-Allen has been sentenced to five years in a federal penitentiary for the 2019 Okanagan Beach attack on a stranger that left the man in a coma with severe head injuries.

With credit for time already served, Kruger-Allen, 23, will spend two years and 297 days behind bars for the assault.

In his sentencing decision issued Friday in Penticton court, Justice Geoffrey Gomery first outlined the circumstances of the attack.

On May 3, 2019, Kruger-Allen, now 23, was harassing a group of youth on the beach where they were having a bonfire, when passerby Brad Eliason asked what was going on. Kruger-Allen punched Eliason without provocation, knocking him over and sending his skull smashing into the concrete walkway.

Eliason spent weeks in a coma, and to this day suffers seizures, pain and fits of anger, and has lost his wife, home and ability to work.

Kruger-Allen pleaded guilty to aggravated assault, and two counts of assault on two young women in the group before Eliason arrived, on June 8, 2020.

In considering a sentence, Gomery took into account Kruger-Allen's troubled childhood filled with neglect, physical and sexual abuse, substance issues and anger.

He also weighted heavily the testimony of Kruger-Allen's victim Eliason and his now ex-wife on how the injury took a wrecking ball to their lives.

Gomery also noted Kruger-Allen's history of repeat offences, given that he committed the attack while out on bail for another violent incident, then later in the same year while once again on bail, was arrested once again for yet another alleged incident.

Defence had sought 12 to 18 months of incarceration, and had argued that this lighter sentence was warranted due to an alleged breach of Kruger-Allen's Charter rights during his arrest a few days after the beach attack, namely that the police entered his residence without a warrant to do so.

However, while Gomery acknowledged there may have been minor misconduct on the part of the officer who followed Kruger-Allen into his home briefly to handcuff him when he walked away from the door after being informed he was under arrest, "If I view the circumstances of Mr. Kruger-Allen as a mitigating factor, it does not change my view of a [fit sentence.]"

Gomery noted that Kruger-Allen has been improving greatly in jail, taking courses on anger management and recovery from substance abuse. He also called the apology to Eliason that Kruger-Allen included in his statement to the court "heartfelt."

“Mr. Kruger-Allen has potential. He wants to be a better person than he has been, and has shown willingness to do the work required,” Gomery.

“Having said that, there is no question that this violent crime must be denounced with a lengthy prison time.”

Gomery decided five years, or just under three years with time served, in a federal penitentiary was appropriate, noting that federal lockups have a wider breadth of recovery and counselling programs available, including several specifically focused on Indigenous inmates.

"Despite the grim conditions you had growing up you are responsible for your actions," Gomery said directly to Kruger-Allen.

“Stay clean and be the good person you have the potential to be. Your family and your community believe in you. Good luck."

Kruger-Allen will be back in court soon to face more charges, this time related to an alleged home invasion that took place in October 2019, while he was out on bail for the charges related to the attack on Eliason.



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