Man has been model citizen since 2019 incident

The Penticton courthouse.

A young man from the Osoyoos Indian Band in Oliver who engaged in a momentary lapse of reason during a drunken argument where he ended up firing a shotgun more than five years ago was given a one-year suspended sentence Thursday.
Hunter Terrence Styles Kruger, now in his early 30s, pleaded guilty to one count of possessing a shotgun dangerous to the public peace before Judge Shannon Keyes Thursday morning at the Penticton courthouse.

Court heard that on May 17, 2019, Kruger got into an argument with another man over the First Nations tradition of who should be the 鈥渇irekeeper鈥 or person responsible for ensuring a fire is set and remains burning once a First Nations person is pronounced dead. They are responsible for ensuring the fire continues roaring until the deceased is buried after their funeral.

Court heard a woman was put in charge as a firekeeper, but another man thought he should be in charge and he and Kruger got into an argument because of it.

Kruger left the scene and returned later and was seen carrying a shotgun.
A female witness provided evidence that she heard two shots fired at the scene outside a fire pit. When police arrived, they found one bullet hole in a couch and shotgun shells on the ground.

Kruger was originally charged with attempted murder and other serious weapons charges, but the court heard several witnesses refused to testify and there were other concerns as this case proceeded through the court system over the past five-and-a-half years.

Crown attorney Ann Lerchs told the court the Crown cannot prove it has sufficient evidence to substantiate the attempted murder charge.

The only evidence that can now be presented to the court five years later is from the female witness who saw Kruger with the shotgun and heard shots fired, she said.

In all the circumstances, a guilty plea on the count of possessing a shotgun dangerous to the public peace is appropriate at this time.

A psychiatric report relating to Kruger was positive and indicates he has been compliant with strict bail conditions placed on him over more than five years, she said.

鈥淭he report indicates he has been living a relatively pro-social life,鈥 she said.
Alcohol was a factor in this incident and all reports indicate this accused has abstained from drinking alcohol since his arrest dating back to 2019, she said.

A professional assessment of this accused committing further crimes was deemed low, 鈥 he has a good job, pays support to his two young children and has been a model citizen since this incident, the Crown said.

Because this was a serious incident, Lerchs asked the court to impose a two-year suspended sentence with conditions.

Defence counsel James Pennington asked that the suspended sentence be for only one year considering Kruger had never been in trouble with the law before and has taken huge strides to improve his life since.

鈥淗e has soldiered on ... there have been no complaints at all over five-and-a-half years.鈥

His client is a proud member of both the Osoyoos Indian Band and Penticton Indian Band and has re-engaged in traditional First Nation cultural activities promoted by his grandparents and family, he said.

鈥淗e is quite deeply committed to his culture and traditions,鈥 he said.

He is employed by the Osoyoos Indian Band doing maintenance on band land in Oliver and also works full-time as a rancher on his grandparentsa国际传媒 ranch in Oliver, he said.

While he didn鈥檛 object to a Crown request for a 10-year weapons ban, Pennington did ask Judge Keyes to allow him to continue to use a shotgun to hunt and as part of his duties as a rancher, if needed.

鈥淚tsa国际传媒 not unheard of to come across one of your animals being sick or injured and the most appropriate remedy would be the dispatch the animal,鈥 Pennington said.

Kruger suffered a serious injury as a young man resulting in the loss of his right arm, but hesa国际传媒 never blamed anyone or asked for pity and hesa国际传媒 also never said anything bad about the people involved in the incident that brought him to court, said Pennington.

He is of no danger of reoffending, Pennington told the court.

鈥淗esa国际传媒 kept his nose to the grindstone and hasn鈥檛 been in any kind of trouble,鈥 he said.

Considering all the circumstances, a suspended sentence of one year is more appropriate than the two-year suspended sentence proposed by the Crown, he said.

Krugersa国际传媒 mother was asked to comment on her sonsa国际传媒 progress and she told Keyes this incident was 鈥渁ctually a God send for me鈥 as it was a wakeup call for her son, made him realize he had to quit drinking, would benefit from getting back in touch with his First Nations culture and to stay out of trouble.

She had other family members involved in weapons-related incidents 鈥渁nd I was terrified鈥 her son might join them, she said.

Keyes said under all the circumstances presented in court, itsa国际传媒 her opinion a one-year suspended sentence was appropriate.

The incident was very serious as bullets were fired and the results could have been much worse, she said.

鈥淚t was a serious incident,鈥 she said.

Shesa国际传媒 dealt with a lot of cases where young First Nations men get caught up in criminal activity and this case is refreshing as this accused has taken major steps to turn his life around and become a very productive member of society over more than five years, she said.

Kruger is very aware and proud of his First Nations culture and should be commended for his hard work as a rancher and with the Osooyos Indian Band, she said.

鈥淎ll of this shows a steadiness of purpose ... hesa国际传媒 gone five-and-half years with no trouble,鈥 she said.

During his one-year suspended sentence, Kruger will have to keep the peace, have no contact with the man he got into the argument with the night in question and continue to abstain from alcohol consumption, which shouldn鈥檛 be a problem considering he hasn鈥檛 had a drink since, she said.

He was also ordered to provide a DNA sample.

A 10-year weapons prohibition will be in place, but Kruger will be allowed exceptions to hunt and while on the job as a rancher, she said.

鈥淭hank you sir and good luck,鈥 Keyes said.