Penticton man serving 5 years for beach assault pleads guilty to mischief, threat, breaching curfew

The Penticton, B.C., man behind a random one-punch assault that left a victim in a coma was sentenced for another violent incident that happened within months of that infamous attack.

Thomas Kruger-Allen, 24, pleaded guilty Tuesday to three of eight charges he incurred in the aftermath of an Oct. 19, 2019 house party, where he smashed a window, got into a fight with a partygoer, and then made a threat to a former girlfriend as he departed.

Taking the recommendation from Crown counsel and Kruger Allen’s defence attorney into account, B.C. Supreme Court Justice Harry Swanson sentenced Kruger-Allen to 12 months in prison for the charge of committing mischief, related to smashing a window, then three months for breaching curfew he’d earlier been ordered to abide by, and, lastly, one month for the threat.

“These will be served concurrently and concurrently with the sentence on the earlier matter, which you are presently incarcerated,” Swanson said to Kruger-Allen, who appeared via video.

Earlier this year, in March, Kruger-Allen was sentenced to five years in prison for the random May 2019 beach assault that left his victim with brain damage and unable to work. It happened while he was on bail for another incident.

1:49 Beach attacker sentenced

The court heard on Tuesday, however, that the months that have passed have been transformative for Kruger-Allen.

“Mr. Kruger-Allen has done well during his period of incarceration in participating in the healing-oriented program and there are statements of support for him,” Swanson said.

He added that those statements from people working with him, within the system, recognize Kruger-Allen as a “person of value” who can “contribute to others.”

2:18 Crown seeks up to 6-year prison term for ‘catastrophic’ Penticton beach attack

His defence lawyer had earlier read letters to the court highlighting Kruger-Allen’s remorse for the crimes he’s committed and changes, adding that there “are a lot of people in the correction system who are rooting for (him).”

She said one Indigenous leader working at the Okanagan Correctional Centre said he’s made such an indelible impression that one of the programs there is now called the “TKA program, which is the Thomas Kruger-Allen program.”

His defence lawyer added it’s a far cry from when he arrived and didn’t even maintain eye contact with people he was in contact with.

“I see in these reports optimism for Mr. Kruger-Allen’s future,” Swanson said.

He also added context to Kruger-Allen’s story, saying that the incident that he’s being sentenced for followed soon after his father died.

“We’re told it had a significant effect on his behaviours and sense of self, and that perhaps in part or large measure, explain the failure in judgment and impetuous nature of present offences,” Swanson said.

Before being sentenced, Kruger-Allen said he’s valued the relationships he’s built since being incarcerated, as well as those within his family but also has his eye on the future.

“I’m really trying to get my life together and get things in perspective so I can get out of jail (and) have a life in society without any problems,” he said.