By Nigel Maxwell
A loud gasp was heard in a Prince Albert courtroom on Thursday when a former Saskatchewan Mountie, charged with first-degree murder, was convicted on a lesser offence of manslaughter.
Bernie Herman, 55, has been taken into custody and sentencing has been tentatively scheduled for April 25.
The case dates back to May of 2021 when 26-year-old Braden Herman’s naked body was found in a forested area of Prince Albert’s northeastern outskirts.
While the two men share the same last name, they are not related. At one time, Braden lived with Bernie’s family in the city.
The trial that wrapped up last month involved graphic details of a sexual affair between two men that ended violently.
On the day of the incident, Bernie Herman had attended an ATV course and was still wearing his uniform when he picked up Braden at a residence in the city and drove out to the secluded area south of Little Red River Park.
Bernie testified he had no intention to hurt Braden and claimed to have no memory of shooting him. Bernie also claimed he had been the one initially attacked and threatened with jealous accusations.
Bernie also described seeing Braden bending over to pick up a weapon, but could not recall exactly what he saw in Braden’s hands.
While Bernie and his wife both testified to being threatened and harassed by Braden, Braden’s friends and family have painted a different picture and said it was Bernie who had previously assaulted Braden on numerous occasions.
Citing his reasons for the verdict, Justice G.A. Meschishnick said he did not believe Bernie’s argument that he acted in self-defence or that he had no intent to kill Braden.
However, Meschishnick said the Crown failed to prove beyond a reasonable doubt that Bernie was provoked or planned to kill Braden.
Both the Crown and defence declined comment until after sentencing.
The defence has indicated plans to order a full Gladue report, which will canvass Bernie’s background and include his claims he was suffering from post-traumatic stress disorder.
That report may not be completed until the summer, so the tentative sentencing date could be pushed back further.
If a firearm is involved in the offence, the range of sentencing for manslaughter typically starts at four years in prison and goes up to 15 years, with parole eligibility after serving one-third of the sentence.
Bernie Herman leaves Court of King’s Bench in cuffs. @princealbertnow @CKOMNews pic.twitter.com/iXorA22rDT
— nigel maxwell (@nigelmaxwell) January 25, 2024