Thomas Kruger-Allen apologized on Wednesday to Brad Eliason for a one-punch attack that resulted in a ‘catastrophic’ brain injury on the second day of his sentencing hearing.
Kruger-Allen addressed the court on Wednesday via video conference from the Okanagan Correctional Centre (OCC) when given the opportunity to speak at B.C. Supreme Court in Penticton.
“I am truly sorry for what happened,” he said.
“I just hope one day that I can make amends, and I’m ready for whatever happens. I take responsibility for my actions. I am truly sorry.”
Much of his statement was barely intelligible to reporters on the phone due to technical difficulties.
There is no space for media to attend the hearing in-person due to pandemic-related courtroom restrictions.
Kruger-Allen, 23, pleaded guilty to the aggravated assault of Eliason, as well as the simple assault of two young women at a beach bonfire in Penticton on May 3, 2019.
Court heard Eliason returned to the bonfire after gathering firewood and witnessed a commotion between Kruger-Allen and the two young women.
Witnesses said Eliason did not provoke or intervene. He simply said “what is going on?”
That’s when Kruger-Allen jumped up onto the concrete where Eliason was standing and one-punched him with an uppercut to the face, court heard.
The blow was so forceful that Eliason was knocked unconscious almost immediately and smashed his head on the ground. Kruger-Allen left the scene.
Eliason was rushed to the hospital. He suffered a traumatic brain injury and was placed in a medically included coma for weeks.
The former roofer still suffers from seizures, memory loss, and behavioural changes.
Eliason told the court on Tuesday that the assault has ruined his life.
“I lost my life, I have lost everything. My wife left me, I lost our house, I lost our pets, and I cannot work,” Eliason said in a victim impact statement.
Crown is seeking a five-to-six-year prison term, citing the devastation Kruger-Allen caused as an aggravating factor.
Kruger-Allen was also out on bail awaiting sentencing in a separate violent assault at the time of the alcohol-fuelled, beach outburst.
Defence is seeking a sentence of 12-18 months of new time to be served in a provincial jail.
“We have a young man who is in his early 20s who has expressed remorse for what happened that night on the beach and has extended his apologies and good wishes to Mr. Eliason,” defence lawyer James Pennington said during his submissions on Wednesday.
Kruger-Allen suffered a troubling childhood and experienced neglect and abuse, court heard. He became addicted to drugs and alcohol at age 15.
The court “can’t close the book on him yet,” he said. “He needs to prove himself to his community.”
The sentencing hearing came to an abrupt halt as the defence alleged a potential Charter violation during Kruger-Allen’s arrest.
Prosecutor Nashina Devji said the claim only came to light this week and she needed additional time to consult with the police officers involved in Kruger-Allen’s apprehension.
The hearing will resume on Friday, March 5.
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