Sentencing for a former Saskatchewan Mountie who shot and killed his lover began Thursday.
Bernie Herman was convicted of manslaughter in January for the death of 26-year-old Braden Herman.
The two men are not related.
Braden Herman’s naked body was found in 2021 in a park on the outskirts of Prince Albert.
Bernie Herman testified that he fired the gun that killed Braden Herman, but lawyers disagreed on whether it was planned.
The officer’s lawyers argued the shooting was in self-defence, but prosecutors said the Mountie deliberately lured his lover to the isolated area to kill him.
Bernie Herman was charged with first-degree murder, but Court of King’s Bench Justice Gary Meschishnick said in his decision that the Crown did not prove the officer wasn’t provoked.
Braden’s family has said that he was kind and loving — a joy to be around.
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Prosecutor Jennifer Schmidt suggested to the judge on Thursday that Bernie Herman be given a life sentence, saying the killing is “as close to a near murder as you can get.”
Braden was shot in the chest area near his lungs, injuring his spinal cord. He was also driven over by Bernie’s truck after he was shot.
Defence lawyer Darren Kraushaar suggested a four-to-six-year sentence, saying Bernie Herman’s actions don’t match those of an extremely aggravated offender.
The lawyer said Braden was shot in the heat of the moment and that Bernie suffered abuse at the younger man’s hands.
The trial, in December 2023, heard that the two men met on Facebook in about 2018.
Soon after, the Mountie invited the younger man to move into his home.
The court heard the relationship became sexual and began to affect the Mountie’s marriage. The officer’s wife kicked Braden Herman out of the home in 2019, but the two men continued to meet up for sex.
Bernie Herman testified the sex wasn’t always consensual, and that Braden Herman would get violent. Prosecutors said the officer’s testimony wasn’t credible because he continued to seek out Braden Herman.
On Thursday, the Crown asked the judge to make a decision that will deter inter-partner violence in the community.
Schmidt argued the relationship between Bernie and Braden was one of trust — Braden relying on the older man for guidance and housing and even calling him “dad.”
She said Bernie lived a privileged life compared with Braden, noting his status as an RCMP officer and the support he had from his community.
Kraushaar disagreed, saying overcoming adversity is not the same as being privileged.
He said Bernie was beaten and sexually abused in school, experienced many years without electricity and running water in the house he grew up in and was subjected to racism in his career.
Bernie Herman rose in court before the day closed, apologizing to everyone involved and for “wasting” the courts time and resources.
Meschishnick reserved his decision for June 18.
– with files from The Canadian Press.
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