January 11, 2016 - 5:30 PM
PENTICTON - Sentencing passed on an Oliver man who pled guilty to firearms and mischief infractions has left the door open for participation in a restorative justice program following a hearing in Penticton court today, Jan. 11.
Judge Meg Shaw left mandatory conditions off orders to the accused not to go near the two victims involved in the crimes in order to allow contact through a restorative healing circle and victim offender reconciliation.
The restorative justice program would be subject to the wishes of the victims, Shaw noted.
Daniel Moses Kruger received a conditional jail sentence for actions that took place on Jan. 1, 2015.
Police were called to Inkaneep Road at approximately 5:30 a.m., when a resident heard sounds of a vehicle in their driveway. The resident noted the vehicle, a Dodge pickup, was being driven erratically when it backed into a parked pickup truck in the driveway, causing damage to the vehicle.
The resident yelled at the driver, telling him to get off his property. The truck eventually continued on down Inkaneep Road.
Police located the truck a short time later, partly in the ditch. Kruger was found inside in an extremely intoxicated state.
A search of Kruger and his truck revealed a 19-inch long chain in Kruger’s overall pocket, several rounds of .22 ammunition, a .22 calibre bolt action rifle laying across the front seat, loaded, and a machete with a 14-inch blade.
Police arrested Kruger, later discovering he was still subject to a 10-year mandatory firearms prohibition stemming from 2005. The truck, which was registered to his wife, was uninsured.
Crown Prosecutor Kurt Froehlich told court Kruger had a criminal past, but had never been convicted of the infractions incurred in this case. He noted Kruger’s pre-sentence report and Gladu report described Kruger’s troubled upbringing, his struggles with substance abuse and voluntary testing that indicated Kruger suffered from Post Traumatic Stress Disorder, anxiety and depression.
Froehlich also noted Kruger’s efforts to rehabilitate himself. Kruger admitted to his wrongdoing, expressed remorse for the damage and admitted using alcohol, cocaine and crystal meth the day of the offences.
Froehlich said Kruger was “doing fairly well within the community,” having steady employment, engaged in counselling in several programs, and since his release on bail, had been well behaved.
Defence lawyer Anna Campbell noted her client wished to go through a restorative justice circle, having attended the Round Lake treatment facility in April and May last year. She said her client also attended Alcoholics Anonymous meetings, and the 33-year-old had recently reconciled with his wife.
Campbell suggested workers with the South Okanagan Restorative Justice Program contact Kruger’s victims to arrange for restitution.
Judge Meg Shaw agreed to a 12-month conditional sentence, on charges of possession of a weapon contrary to order, mischief, and possession of a prohibited weapon.
Kruger will have to live by a 9 p.m. to 5 a.m. curfew, stay away from drugs and alcohol, and face a lifetime firearms ban, but may be able to make further amends in a restorative justice program should his victims be willing to participate.
“I commend you for your hard work - the steps you’ve taken along the way are the correct steps. I recognize that,” Judge Shaw told Kruger.
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News from © InfoTel News Ltd, 2016