Sask. Mountie killed man in self-defence, lawyers argue

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In closing arguments, the Crown said a Saskatchewan Mountie brought his lover to a secluded area to kill him, but his lawyers said he shot the man in self-defence.

Veteran RCMP officer Bernie Herman, 55, has been charged with first-degree murder in the death of 26-year-old Braden Herman in May of 2021.

The two are not related.

Braden’s naked body was found in an isolated area near Prince Albert’s Little Red River Park.

Earlier in the trial Herman testified he had a sexual relationship with Braden.

Crown prosecutor Jennifer Schmidt said on the day of the alleged incident, Herman called Braden 59 times and then picked him up and drove to the isolated area.

Schmidt asked the judge to “heavily consider” a 16-minute phone call between Herman and a fellow Mountie he was friends with.

Court heard that night Herman told his friend he convinced Braden to go the area to have sex, and then he shot him and ran him over.

“Bernie Herman is guilty of a planned and deliberate murder,” Schmidt said, arguing Herman was motivated to kill Braden because he was telling Herman’s wife about their affair.

She said Braden’s blood was found on the running board of Herman’s truck, corroborating what was said on the phone.

Schmidt pointed to earlier testimony that Braden was naked while Herman was fully clothed-wearing his RCMP uniform and duty belt.

“Bernie didn’t have his clothes off because he had other plans that day,” she said.

According to an agreed statement of facts, Braden was shot with a gun issued by the RCMP.

Defence lawyer Darren Kraushaar said the incident was not premeditated.

He said it was a coincidence that Herman was called into work that day, and the machine he would normally use to clean his uniform was broken, so he took it home.

“That, to me, would be a pretty outlandish scheme,” Kraushaar said.

He said Herman was a victim of interpersonal violence and said at times he was forced to have sex with Braden.

“He was scared of Braden,” Kraushaar said.

He said despite Herman and his wife being “assaulted” by Braden multiple times, they continued to meet with him.

“This was a complicated relationship,” he said.

Herman testified during the alleged incident, Braden became aggressive when he didn’t have an erection.

His defence said that’s when Braden turned around and walked away and then appeared to pick up an object, and Herman shot him out of self-defence.

“This was a spilt-second reaction,” Kraushaar said.

He said if self-defence is rejected, then the judge should consider the lesser charge of manslaughter.

The judge has reserved his decision until January 25.