Family sues RCMP and former P.A. officer charged with murder

Bernie Herman, 53, is facing a charge of first degree murder in the death last May of Braden Herman. The accused has entered a plea of not guilty, been released on bail, and a pre-trial hearing has been scheduled to start the week of Dec. 13 at Prince Albert Court of Queen’s Bench.

The Merchant Law Group in Regina is handling the civil suit. According to the Statement of Claim obtained by paNOW, the defendants are liable under the Fatal Accidents Act.

“The death of Braden was a direct consequence of the defendants’ wrongful act, neglect or default. Without the defendant’s actions, the deceased death would not have occurred,” the statement said.

In addition to the Fatal Accidents Act, the statement also explains the defendants are liable under torts of private and public nuisance, as well as torts of assault, battery and negligence.

Braden Herman. (Facebook)

The evidence thus far

Braden Herman’s body was found in a wooded area on the northeast edge of Prince Albert, near Little Red River Park—his death the result of a shooting.

Police have said Bernie Herman wasn’t on duty at the time of the incident, but left work in full uniform with his duty belt on the day it occurred, May 11. The weapon used in this offence has not been confirmed, but the Prince Albert Police Service seized Herman’s service pistol and other use of force equipment as part of the criminal investigation.

The civil lawsuit details claims a gun was placed close to Braden’s forehead, and a “black hole” was left where the bullet penetrated the skull.

Police have explained how on the day of the murder, Bernie Herman phoned a co-worker and made “disturbing comments he had killed someone.” Herman then agreed to go to his co-worker’s house located just north of Prince Albert.

Once at the residence, the RCMP were contacted as the house is in their jurisdiction. Herman was taken into custody without incident and provided information on where the police could locate the murder victim.

Explaining the RCMP is liable for what happened, the statement of claims says the RCMP knowingly employed an unstable person, who used his authority as an RCMP officer over a 26-year-old man.

“In the small community of Prince Albert, the RCMP knew or ought to have known about the wrongful actions of their officer, Bernie,” the statement said.

Relationship between the accused and the victim

Police have previously indicated the two men are not related, but that they are associated to the same Northern Saskatchewan community and it appears they had known each other for several years.

Family and friends have gone so far as to describe the relationship as being at one time comparable to one between a father and son.

However, those same family members also indicated there was a falling out, and Braden moved back to his home community of Clearwater River Dene Nation, but still continued to receive phone calls from Bernie.

According to the statement of claim, Bernie Herman had been harassing Braden Herman for a number of years prior to the incident, and one time while working, stopped Braden’s vehicle while Braden’s friend was driving.

“Braden was often found with cuts, scratches, bruises and on one occasion a broken wrist, caused by Bernie,” Merchant said in the claim, adding Braden feared for his safety at the hands of Bernie.

Merchant on the legalities of the lawsuit

The statement of claim contains allegations not yet proven in court. Speaking with paNOW, Merchant explained they can legally publicize what they believe to be true adding the impact on the criminal trial, and possible jury selection, will be up to the criminal jurisdiction.

“Will we be delayed depending upon the criminal outcome? Probably, but that’s for the defendants to try to seek to delay,” he said, adding the two matters could happen concurrently.

With respect to the expediency of the lawsuit, given the fact that the criminal matters are still ongoing, Merchant said as far as the RCMP is concerned, they should be put on notice as quickly as possible so that they know their responsibility has to be considered by a court, and that they are given ample time to collect their records.

Regarding the explicit details contained in the civil statement of claim, Merchant explained those are based on what the family has seen.

“They have seen what would be like some ghoulish gang murder and when you read it in a book, it’s not frightening. When I hear it from them, it’s frightening,” he said.

(Nigel Maxwell/paNOW Staff)

Damages sought

The statement of claim explains the defendants are liable for costs incurred as a result of Braden Herman’s death, including funeral expenses, grief counseling and loss of earnings due to family members not being able to attend work.

While any actual monetary figures will be part of the court process, the Merchant Law Group explained the conduct of Bernie, and the conduct of the RCMP, merits the societal intervention of the Court of Queen’s Bench with the goal of sending a “strong message” to police forces and police force management that this kind of behaviour is “reprehensible and will not be tolerated.”

The statement of claim was received at Regina Court of Queen’s Bench, but the subsequent court proceedings can be held elsewhere. No hearing date has been set at this stage.

Herman’s lawyer in the criminal matter, Brad Mitchell, also confirmed he had received a copy of the statement of claim, but said he was not prepared to offer a comment given that he had just received a copy of the claim Thursday morning.

paNOW has reached out to the RCMP for comment, but as of yet have not received a response.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

Family sues RCMP and former P.A. officer charged with murder

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