Man has been a model citizen since the incident in 2019 News

A young man from the Osoyoos Indian Band in Oliver who briefly lost his reason more than five years ago during a drunken argument in which he ended up firing a shotgun was sentenced Thursday to a year of probation.

Hunter Terrence Styles Kruger, now in his early 30s, pleaded guilty Thursday morning before Judge Shannon Keyes at the Penticton Courthouse to one count of possessing a shotgun endangering the public peace.

The court heard that on May 17, 2019, Kruger had argued with another man over First Nations tradition over who should be the “fire keeper,” or the person responsible for ensuring a fire is started and burning once a First Nations person is declared dead. They are responsible for ensuring that the fire continues to burn until the deceased is buried after their funeral.

The court heard a woman was appointed firefighter but another man thought he should take over and he and Kruger got into an argument over it.

Kruger left the scene, returned later and was seen carrying a shotgun.
A witness said she heard two gunshots in front of a fireplace at the scene. When police arrived, they found a bullet hole in a sofa and shotgun shells on the floor.

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 has been progressing through the court system for the past five and a half years.

Crown attorney Ann Lerchs told the court the Crown could not prove it had sufficient evidence to support the attempted murder charge.

The only evidence that could be presented to the court five years later came from the witness who saw Kruger with the shotgun and heard shots, she said.

In all circumstances, a plea of ​​guilty to possession of a shotgun endangering the public peace is appropriate at this time.

A psychiatric report on Kruger was positive and showed he had complied with the strict bail conditions imposed on him for more than five years, she said.

“It appears from the report that he led a relatively socially friendly life,” she said.
Alcohol was a factor in this incident and all reports indicate that this defendant has not consumed alcohol since his arrest in 2019, she said.

The professional assessment that this defendant committed additional crimes was deemed to be low – he has a good job, pays support for his two young children and has been a model citizen since this incident, the Crown said.

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

Defense attorney James Pennington argued that the suspended sentence should only be extended to one year because Kruger had never been in trouble with the law before and has since made great strides in improving his life.

“He continued to fight… there have been no complaints at all for the last five and a half years.”

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

“He is very committed to his culture and traditions,” he said.

He is employed by the Osoyoos Indian Band, working on band land maintenance in Oliver, and also works full-time as a rancher on his grandparents' ranch in Oliver, he said.

Although he did not object to a Crown request for a 10-year weapons ban, Pennington asked Judge Keyes to continue to allow him to use a shotgun for hunting and when necessary as part of his duties as a rancher.

“It is not uncommon for one of your animals to be sick or injured, and the best remedy would be to dispatch the animal,” Pennington said.

Kruger suffered a serious injury as a young man that resulted in the loss of his right arm, but he never blamed anyone or asked for pity, nor did he say anything bad about the people involved in the incident that affected him brought to court, Pennington said.

Pennington told the court that he was not at risk of reoffending.

“He stayed ahead and never got into trouble,” he said.

Taking all the circumstances into account, a one-year suspended sentence was more appropriate than the Crown's proposed two-year suspended sentence, he said.

Kruger's mother was asked to comment on her son's progress, and she told Keyes that this incident was “actually a gift from God to me” as it was a wake-up call for her son and made him realize that he was with needed to stop drinking and would benefit from reconnecting with his First Nations culture and staying out of trouble.

She had other family members involved in gun-related incidents, “and I was very afraid” her son would join them, she said.

Keyes said under all the circumstances presented in court, she believes a one-year suspended sentence is appropriate.

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

“It was a serious incident,” she said.

She has dealt with many cases where young First Nations men have been involved in criminal activity and this case is refreshing because over more than five years this defendant has taken important steps to turn his life around and a very productive one To become a member of society, she said.

Kruger is very aware of 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.

“All of this shows he's determined… he's made it through five and a half years without any problems,” she said.

During his one-year probation sentence, Kruger must keep the peace, have no contact with the man with whom he got into an argument on the night in question, and continue to abstain from consuming alcohol, which should not be a problem given the fact that he did so “I haven’t had a drink since,” she said.

He was also asked to provide a DNA sample.

There will be a 10-year weapons ban, but Kruger will receive exemptions for hunting and working as a rancher, she said.

“Thank you very much, sir, and good luck,” Keyes said.