Warrants were issued Monday for three witnesses who failed to show up for the first day of a B.C. Supreme Court trial arising from an alleged home invasion at a downtown Penticton apartment.
Thomas Kruger-Allen was charged with eight offences arising from the October 2019 incident at 356 Main St., including two counts of aggravated assault and single counts of assault causing bodily harm, assault with a weapon, uttering threats and break and enter.
The 23-year-old is currently serving a five-year prison sentence for aggravated assault handed down in March in connection with an unrelated and unprovoked incident on a Penticton beach in May 2019.
Kruger-Allen’s latest trial was scheduled to start Monday, but subsequently adjourned at the request of Crown counsel Nashina Devji.
She told a judge three civilian witnesses – including one of the victims – were served subpoenas to testify at trial, but none showed up at the courthouse Monday. Two of them have expressed no interest in participating, according to Devji, while the third reported he’s been ordered to self-isolate until May 11.
“The Crown’s case rests almost entirely on the evidence of those three witnesses, and without having them available and without being able to determine what their evidence will be, the Crown isn’t able to proceed,” said Devji.
The judge agreed to adjourn the trial to June 7, at which time the parties will reconvene to try to schedule a new date for the four-day affair.
At the time of the alleged October 2019 incident, Kruger-Allen was on bail in connection with the beach attack, a one-punch assault that left Brad Eliason, a Good Samaritan, with brain damage.