Thomas Brayden Kruger-Allen is one of three men that were charged after a ‘vicious’ assault two years ago that took place in a back alley behind a nightclub. The judge gave him a four month conditional sentenced to be followed by 18 months probation. (Facebook photo)

House arrest for ‘vicious’ back-alley attack on South Okanagan man

Thomas Brayden Kruger-Allen was at the Mule Nightclub prior to the assault

A Penticton judge described a back-alley swarming as an “unprovoked” and “vicious assault,” but one of the men involved was given four months of house arrest on Monday.

READ MORE: Sentencing delayed for Penticton man guilty of nightclub assault

Thomas Brayden Kruger-Allen was at the Mule Nightclub on Aug. 12, 2017 with a group of friends when he joined in an altercation in a back alley where the victim believed he was going to be in a consensual fight with one person. Kruger-Allen, now 22 years old, kicked the man in the face after he had already been assaulted and fell to the ground.

Three men were charged in the assault that left the victim with a shattered nose and a broken orbital bone.

“Mr. Kruger-Allen committed the offence for no other reason than the vague notion that (the victim) had some sort of a problem with one of Mr. Kruger-Allen’s friends. He cannot tell us what he understood that problem to be. His actions were therefore by no means justified, they were not even comprehensible,” said Judge Andrew Tam.

READ MORE: Police break up bar brawl in Penticton

During the sentencing, Tam took into consideration that Kruger-Allen did not have any previous criminal convictions on his record, his age, receptiveness to rehabilitation and positive character references from his employer and family. As well, he took into account Kruger-Allen’s extremely tough start at life and how reports identified alcohol as a major factor in his “violent” behaviour. The court previously heard that he grew up in an environment of entrenched alcoholism, drug addiction and violence.

“There is much hope yet for Mr. Kruger-Allen. While he has had some difficulty in complying with his bail conditions he has not reached the point where I find that he must be incarcerated in order to be separate from society,” said Tam.

The judge said while the victim did suffer serious injuries, there was no evidence that Kruger-Allen was the person solely, or even mainly, responsible for the injuries. Damien Tyrell Keddie was one of the group that was charged with aggravated assault and sentenced to 240 days in prison. Taish Alvin Desmonie, who faces the same allegations, has not yet faced the charges in court.

Crown counsel was seeking a six to eight month jail sentence and two years of probation for the aggravated assault charge Kruger-Allen pleaded guilty to. Tam sentenced him to a four month conditional sentence followed by 18 months of probation. Kruger-Allen is ordered to abide by a 6 p.m. to 6 a.m. curfew while serving his conditional sentence, he is not allowed to be in possession of any weapons and is not allowed to consume alcohol or any drugs that are not medically prescribed to him. A no contact order was put in place with the victim and Kruger-Allen must complete any rehabilitation programs put in place by his supervisor and probation officer.

Kruger-Allen was also sentenced to one day, satisfied by his appearance on court on Monday, for a breach of probation. This is his third breach offence, which he was handed a $300 fine for the previous two.

He will return to court later later this month for charges of assault that occurred in May where it is alleged he punched Bradley Eliason at a beach fire on Okanagan Lake. The wife of Eliason told the Western News that after being punched he fell onto the concrete causing an extensive brain injury. Kruger-Allen was recently released on bail for the charges related to that incident and is expected to return to court later this month.

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


@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

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

Just Posted

Glimpses of Revelstoke’s past for Jan. 23

120 years ago: Revelstoke Herald, Jan. 20, 1900 Mr. Fayette Buker opened… Continue reading

Snow angels: Revelstokians shovel for those who can’t

‘They’ve helped me make it through the rest of the winter’

Highway 1 closed near Golden for high avalanche danger

DriveBC does not give an estimation for reopening

Syrian family celebrates one year in Revelstoke

Recently, Revelstoke fundraised almost $12,000 to cover the family’s debt to the federal government

Officials reaching out to those in contact with Canada’s first coronavirus patient

The illness has sickened at least 1,975 people and killed 56 in China

Summerland Steam earn one win, one loss in hockey action

Junior B team in third place in division

It’s okay not to have kids, confesses mother of four

For someone who has committed parenting an obscene number of times, it… Continue reading

Risk of coronavirus low in B.C. as first case emerges in Toronto: officials

There have been no confirmed cases of the virus in B.C.

Pioneer families lived in Summerland’s Prairie Valley area

Darke and Dale families played roles in community’s early history

Princeton RCMP make quick arrest in armed robbery after ‘brief struggle’

Princeton RCMP have arrested a suspect in connection with an armed robbery… Continue reading

‘Presumptive case’ of coronavirus in Canada confirmed by Ontario doctors

Man in his 50s felt ill on his return to Canada from Wuhan, China

Help sought in developing family practices in South Okanagan and Similkameen

An estimated 15,000 people in region do not have a family doctor

Most Read