By Nigel Maxwell
A former Saskatchewan Mountie, now accused of first-degree murder, spoke to multiple colleagues on the day a man was shot and killed, and court heard that nothing about his behaviour seemed out of the ordinary.
That was among the recurring testimony heard Monday, when Bernie Herman’s trial began at Court of King’s Bench in Prince Albert.
On May 11, 2021, it’s alleged Herman shot and killed 26-year-old Braden Herman. The victim’s body was found in a wooded area of the city’s northeastern outskirts.
Bernie Herman appeared calm in court and attentive with no visual reaction to any of the evidence presented. He was joined in court by family and friends, including a chaplain. Herman, who is currently out on bail, retired from the RCMP shortly after the charges were brought forward. He served as a member for over 30 years.
According to the agreed statement of facts read by Crown prosecutor Jennifer Schmidt, security camera footage from earlier in the day showed Braden getting into Bernie’s truck and also sitting in the truck with Bernie leaving the Dairy Queen drive-thru.
Const. Richard Wittal has known Bernie Herman since 2012, and the two men were partners in the traffic services division at the Prince Albert RCMP detachment. Wittal said that on the day of the incident, while they were not working, they had conversed through text message, mostly about the ATV course Herman was attending.
Later that evening, around 7:50 p.m., Wittal was at home when Herman’s daughter unexpectedly showed up at his door and asked him to come outside. Waiting in a vehicle outside was Herman’s wife, who showed Wittal her phone, containing a text message from Bernie.
“I shot Braden. It’s over and done with,” the message stated.
Wittal said he immediately handed the phone back and soon after called his staff sergeant to report what happened.
After allegedly shooting Braden, Bernie Herman went to Staff Sgt. Chad McLeod’s home north of Prince Albert and was still wearing his uniform. Among the questions posed to Wittal on Monday was whether it was common for Bernie to wear his work uniform to work, to which Wittal explained his colleague would normally come to work in civilian clothes and get changed in the station’s locker room.
However, when cross-examined by defence lawyer Darren Kraushaar, Wittal acknowledged it was not unusual for officers to take their uniforms and guns home. Wittal was also cross-examined about his conversations with Herman on the day of the incident.
“There was nothing out of the ordinary,” he said.
RCMP Const. Jackson Goodfellow was dispatched to McLeod’s home and he testified Monday that he was initially advised by dispatchers that Herman may have shot someone. While en route to the home, Goodfellow came up behind Herman’s truck, and was advised through dispatch to back off.
However, upon receiving the green light to proceed, Goodfellow observed Herman’s truck parked in the driveway of the rural residence. Upon being met by McLeod, Goodfellow was handed Herman’s uniform, duty belt, service pistol and a magazine containing 14 rounds.
“Our duty magazines hold 15 rounds,” Goodfellow said, noting one round was missing.
Herman was arrested around the same time by a separate responding officer.
The Crown’s third witness on Monday was Const. Brennan Macdonald, a member of the Prince Albert Police Service, who was asked to go to McLeod’s home and retrieve the evidence from Goodfellow. Macdonald noted how he placed Herman’s uniform, gun belt, and vest in a bag.
“All his uses of force,” he said.
The seized items were then taken back to the PAPS station. Const. Dan Logan was the forensics investigator asked to take pictures of the area where Braden’s body was found, as well as Bernie Herman, and his truck.
Logan described Herman’s demeanor at the police station and said there were no visible signs of injury beyond some small “nicks” on his hands. However, when cross-examined by defence and asked whether he had taken photos of the top of Herman’s head, under his clothes or inside his mouth, Logan said he did not.
Within Herman’s truck, Logan described finding blood stains on the running boards, ranging in size from 13 to 15 centimetres. There was also a men’s XL T-shirt in the back seat, a pair of men’s underwear and some grey shorts.
While the relationship between the two men was at one point described as a falling out, as one comparable to a father and son, there were further suggestions made during a voir dire hearing that the two men may have shared a sexual relationship. Despite sharing the same last name, the two men are not related.
The wooded area where Braden Herman’s body was found was described by Logan as being off a bush trail and was littered with needles, used condoms and garbage. When Logan arrived on scene, Braden’s body had been covered with a yellow tarp.
“”You could barely fit a vehicle down there,” Logan said.
Two weeks have been set aside for the trial and the Crown is expected to call six more witnesses over the course of Tuesday and Wednesday.
Among those expected to testify is Herman’s wife, who was also seen with Braden the day he died. She was holding a bottle of alcohol and Braden was helping her up a flight of stairs.