By Nigel Maxwell
The older brother of a man who was shot and killed by a former Saskatchewan Mountie says a verdict of manslaughter is quite unfair.
Brett Herman was responding to Bernie Herman’s conviction on Thursday at Court of King’s Bench in Prince Albert, a verdict that comes more than two and a half years after 26-year-old Braden Herman was found dead in a wooded area of Prince Albert’s northeastern outskirts.
He was naked and there was a single gunshot wound to his left upper body.
While Bernie and Braden share the same last name and were both from the La Loche area, they were not related and had been involved in a sexual affair.
Bernie had initially been charged with first-degree murder but, when explaining Thursday why manslaughter was more suited, Justice G.A. Meschishnick cited failure by the Crown to prove beyond a reasonable doubt the shooting in May 2021 was premeditated or that Bernie had been provoked.
“It’s pretty clear to me and my family and everyone in the public that this seems pretty intentional and planned out and thought out. (Bernie) knew what he was doing,” Brett said.
Bernie Herman leaves Court of King’s Bench in cuffs. @princealbertnow @CKOMNews pic.twitter.com/iXorA22rDT
— nigel maxwell (@nigelmaxwell) January 25, 2024
Sentencing has been tentatively scheduled for April 25 but could be delayed given the fact a Gladue report may not be completed until the summer.
The report will delve deep into Bernie’s personal background and factors such as his Indigenous heritage and how he was suffering from post-traumatic stress disorder. It will be used to assist Meschisnick’s final sentencing decision.
When a gun is involved, the range of sentencing for manslaughter typically ranges from four to 16 years, and Brett knows Bernie is eligible for parole after serving one third of that.
“He gets to see his family, he gets to call his family, whereas my family will never ever speak to my brother or see him again. That’s something we have to live with,” he said.
Braden’s sister DeeDee, who has previously described how Bernie had constantly harassed Braden, expressed her frustration on social media.
“Life without parole is what we deserve,” she said.
Inside the crowded courtroom on Thursday, Braden’s friends and family wore buttons over their hearts that displayed his face. June Hanson said it was their way of giving Braden a voice.
“He didn’t have a voice at the trial and he needs to be heard,” she explained.