P.A. Mountie handed 11-year jail sentence for fatal shooting

A former Saskatchewan RCMP officer who killed his lover with his police-issued service pistol received an 11-year jail sentence.

Bernie Herman was found guilty of manslaughter in January and has been in jail ever since. He received 295 days of remand credit and after serving two-thirds of his sentence, may be eligible for parole in over six and a half years.

The case dates to May 2021 when Braden Herman’s naked body was found in the outskirts of Prince Albert.

Extensive details of the officer’s relationship with the man were prevalent throughout the murder trial before Bernie was found guilty of the lesser offence. The pair argued prior to Braden’s death, but Bernie claimed the act was in self-defence. Despite sharing the same last name, the two men were not related.
Brett Herman, Braden’s brother, said he was disheartened by the sentence, calling it unfair.

“I lost somebody that I’m not gonna ever get back. So it’s not fair. It is what it is,” he said. He believes Bernie lacks remorse or regret for the killing and said a life sentence would have been more appropriate.

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Justice G.A. Meschishnick weighed sentencing submissions vastly apart from both Crown and defence. Bernie’s lawyer Darren Kraushaar’s submission suggested a four to six-year jail sentence, citing Bernie’s low risk to the public and lack of a criminal record.

Kraushaar did not say whether or not his client plans to appeal but said the defence will consider options as they move forward.

“We’ll have to see how Bernie’s gonna do,” he said, noting a prison term is a “difficult transition for him.”

Noting the challenges of being a police officer now in custody, Kraushaar said Bernie will face higher risk in jail with a “target on (his) back.”

Crown prosecutor Jennifer Schmidt called the offence “as close to murder as you can get” with her submission of a life sentence. She said the Crown has already appealed the manslaughter conviction and the office awaits appellate lawyers to proceed with the case.

Outside the court, Schmidt noted this case was mischaracterized by highlighting Bernie’s role as an RCMP officer when really at its core was one of intimate partner violence.

“Bernie Herman shot and killed a man that he was involved in an intimate sexual relationship with. It is the ultimate act of domestic abuse,” she said. “We know that intimate partner violence is a huge problem in our province.”

Braden Herman. (Facebook)

In his written decision, Justice Meschishnick said Bernie was driven by his own self-interest to cover up his sexual relationship with Braden and did not want either his colleagues or his spouse to know about it.

“This offender’s conduct ended up both exposing the nature of the relationship and tragically ending it,” he said, describing Herman as getting caught in a trap of his own making.

“He left his moral compass in his pocket and got lost staying in an intimate but abusive relationship and in trying to salvage his own reputation.”

Citing the fact that Bernie had no criminal record, was considered a low risk to re-offend, and had cooperated with police, Justice Meschishnick explained a life sentence was not appropriate.

He then went on to stress the need for denunciation and deterrence and said driving over the victim and leaving him naked in a remote location, were aggravating factors.

“If it were not for the self-interest of Mr. Herman that led to creating the environment for further violence, and in the end, this tragedy, I would have concluded that the mitigating factors outweigh the aggravating factor. But in total, they do not”:

With the sentence, Bernie is ordered to have a lifetime ban on owning firearms. He may also be allowed to serve a portion of his sentence in a healing lodge.