It is now up to a judge to determine whether Bernie Herman used his RCMP-issued pistol to shoot his lover out of self-defence or as a planned killing.
Those two scenarios were part of the final arguments at the conclusion of Bernie Herman’s first-degree murder trial in Prince Albert. Court will hear the verdict Jan. 25.
The victim, 26-year old Braden Herman, who had no relation to the accused, was killed in May 2021. His naked body was found in a wooded and secluded area, south of Little Red River Park. As per testimony heard last week from the accused, Bernie alleged Braden assaulted him and held an unknown object.
During Wednesday’s arguments, defence lawyer Darren Kraushaar stated there’s no dispute Bernie caused Braden’s death, but added the Crown’s case failed to prove intent.
“There has to be some forethought,” he said referring to the chain of events that occurred on the day of Braden’s death as a “comedy of errors.”
Braden Herman lived with Bernie’s family for about a year, starting in early 2018. (Facebook)Earlier that day, Bernie Herman attended an RCMP ATV course and despite claiming he had no intention to see Braden afterwards, wore his RCMP uniform and duty belt when he picked him up at an address in the city.
After getting coffee at Tim Hortons, the two men were observed in the drive thru at the nearby Dairy Queen. Bernie Herman testified that’s where he was forced by Braden to give oral sex.
From there, the two men drove out towards Little Red River Park turning off towards the ballpark before taking a left down a bush trail.
After parking in a secluded spot, Bernie testified they got out out of the vehicle where Braden, now fully nude, rushed at him and pushed him against the truck.
During the ensuing physical confrontation, Bernie claimed he has no memory of drawing his gun and only recalls seeing Braden fall to the ground. The bullet that was later retrieved from Braden’s liver, entered his body through the upper left arm.
“It was a panicked reaction,” Kraushaar said, noting Bernie’s issues with PTSD. He dismissing suggestions Bernie wore his uniform home from work out of some plan to kill Braden.
“That to me would be a pretty outlandish scheme,” he said.
During the trial there was testimony from Bernie and Janice Herman, both of whom alleged Braden physically assaulted them. At least one hospital visit to address the injuries was cited. Both claimed they were afraid of Braden, despite a number of pictures and testimony showing Janice and Braden or Bernie and Braden during happier times.
Noting Bernie’s claims he wanted nothing to do with Braden and was even afraid of him, Justice G.A. Meschishnick asked why Bernie still found time to pick up the younger man for coffee on the day he died.
“I think that’s just the nature of their relationship,” Kraushaar replied, noting it’s very common in domestic violent relationships for emotions to oscillate between threats and fear to friendly encounters.
Roughly one hour after the shooting incident, Bernie called a colleague and admitted to doing something terrible. He told the friend he shot someone and ran them over.
Blood stains were later found on the running boards of Bernie’s truck, and Bernie himself stated Braden crawled underneath the vehicle. However Kraushaar, pointing to the autopsy report, said there was still no direct evidence to support Bernie actually did run him over.
The blood “got there somehow,” Meschischnick replied.
A photo of the area where Braden’s body was found. (Nigel Maxwell/paNOW Staff)Citing a number of inconsistencies with Bernie’s testimony last week, Crown prosecutor Jennifer Schmidt referenced an alleged broken tooth Bernie suffered during the assault but failed to tell anyone about. She challenged Bernie’s claim that Braden initiated the altercation.
“Mr. Herman’s evidence is just not credible,” she said, encouraging Justice G.A. Meschishnick to dismiss it entirely.
In regards to the day Braden died, testimony revealed Bernie had called Braden nearly 60 times demanding to know what Braden shared during conversations with Janice when the pair drank together.
To dismiss Bernie’s claims of self-defence, Schmidt argued Bernie made plans to pick Braden up.
“He did that on a day when he was raving mad at Braden Herman,” she said. “And he’s had enough.”
Schmidt also referenced the gunshot wound.
“Who’s to say he wasn’t bending down because there was a gun pointed at him?” Schmidt said.
If he is found not guilty of the first degree murder charge, Justice G.A. Meschishnick still has the option to consider second degree or even manslaughter.
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nigel.maxwell@pattisonmedia.com
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