Bernie Herman has been in custody since January and was escorted to Court of King's Bench by two Deputy Sheriffs. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court proceedings

Sentencing decision reserved in Sask. manslaughter case involving former RCMP officer

Apr 25, 2024 | 1:53 PM

The fate of a former Saskatchewan RCMP officer, who shot and killed his young lover, now rests in the hands of a King’s Bench Justice.

A sentencing decision for Bernie Herman has been reserved to June 18.

Thursday morning’s hearing at Court of King’s Bench in Prince Albert lasted roughly two hours and included sentencing arguments, victim impact statements, and even a statement from Bernie Herman himself. All the while family members and friends of both Bernie and the victim Braden Herman watched on with keen interest from the gallery.

The case dates back to May of 2021 when Braden Herman’s naked body was found in a forested area of Prince Albert’s northeastern outskirts. The cause of death was a single bullet that had penetrated his lungs and severed the spinal cord.

Last January, Bernie was found guilty of manslaughter.

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During the trial, it was revealed the two men had driven out to the secluded area to have sex, an argument occurred, and a naked Braden was shot while standing outside the vehicle. Bernie, who later claimed he was acting in self-defence and had blacked out, was still wearing his uniform and had pulled his service pistol from its holster.

Describing the act as close to murder as you can get, Crown Prosecutor Jennifer Schmidt is seeking a life sentence.

“It is a high ask, we acknowledge that,” she said.

At the time of his death in May 2021, Braden Herman was 26 years old. (Facebook)

While the two men share the same last name, they are not related. At one time Braden had lived with Bernie’s family in the city and their relationship became sexual. Schmidt noted that one of the aggravating factors for sentencing should be that Bernie was in a position of trust, providing shelter and financial support for a vulnerable Braden, but also the kind of advice a parent would provide to a child.

“Braden Herman, at the time he died, was begging Bernie to say he loved him,” Schmidt said.

Noting testimony heard in court that Braden had harassed Bernie and was possibly even abusive, Schmidt argued Bernie is not the victim here, it’s Braden. She also explained it was Bernie who was afraid to come forward about their sexual relationship and wanted to keep Braden quiet.

“Bernie Herman was an abuser in this relationship,” she said, and while noting the epidemic of domestic violence occurring in society, said a sentence is required that emphasizes denunciation and protects the public.

In turn, Defence lawyer Darren Kraushaar is seeking a sentence of four to six years, and said the split second decision made by Bernie was both impulsive and provoked, based on previous threats and even blackmail.

Kraushaar also noted Herman has no criminal record or previous history of violence, did not cause any issues while out on bail, is a good dad, and is not considered a danger to the community.

“He’s not an offender the court should be making an example of,” he said.

A number of support letters for Herman were provided to Justice Meschisnick, but not read in court. Noting Herman suffers from PTSD and depressive episodes, even citing the fact Bernie had considered suicide after shooting Braden, Kraushaar said Herman regrets his actions.

Soon after, Bernie Herman was provided an opportunity to speak and apologized to everyone impacted by the case, as well as to the courts for the time and resources spent on the case.

“He has very good prospects for rehabilitation,” Kraushaar said.

One of the concerns brought to Justice G.A. Meschishnick was what a jail sentence might mean for a former police officer, and so defence suggested the consideration of a healing lodge.

Victim impact statements

At the onset of Thursday, a pair of victim impact statements were read in court by Jennifer Schmidt. One of those statements was prepared by Mary Herman, Braden’s grandmother, who had essentially raised both Braden and his twin brother.

Recalling how Braden’s final words to her were “I love you, bye”, Mary said Braden never missed a birthday or mother’s day gift. She also recalled a locket he had given her when his twin brother had passed away.

“Now I have to put a picture of Braden next to it,” she wrote. ‘Why did this happen?”

The elderly woman, who also recalled receiving the initial phone call from police, said she can no longer take any calls at night as it causes too many triggers.

Outside the courthouse, lawyers and family members all declined comment until after sentencing is complete.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell