According evidence heard in court, 26-year-old Braden Herman was both shot and run over by Bernie Herman. (Facebook)

By Nigel Maxwell

Crime

Man allegedly killed by former Prince Albert RCMP officer was shot then run over: court

Oct 11, 2023 | 4:00 PM

The figurative hat a Prince Albert RCMP officer was wearing when he was informed his friend and colleague had committed a gruesome murder, was among the central points of discussion Wednesday at Court of King’s Bench.

Bernie Herman is facing a charge of first degree murder in the May, 2021 death of Braden Herman.

The two men are not related, but family members have previously compared the relationship to one between a father and son prior to a falling out.

Suggestions have also been made over the past month via court room evidence that the two men may have also had a sexual relationship.

Two weeks have been set aside for the trial in December, but first Justice Meschishnick is first being asked to rule on whether comments made by Herman at the time of his arrest, and whether items seized by officers such as cell phones and the data they contained, can be used as evidence, given the fact Prince Albert police failed to file the proper and required paperwork.

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According to a statement made in court last month when the Voir-Dire hearing started, RCMP Staff Sgt Chad McLeod, a friend to Bernie and superior officer, received a text message from him, asking for McLeod to call him.

While hesitant at first, McLeod called Herman, and Herman then stated he had done something bad. When questioned by McLeod as to what he meant, Herman then said he had shot and killed someone and run him over. At the time of the call, Herman was also in a state of mental distress.

“I’m gonna kill myself,” Herman told McLeod, explaining he had a gun pointed at his chin and was ready to blow his own brains out.

Herman, who was a 32-year member of the RCMP when he was arrested, resigned in June 2021 and pleaded not guilty to the charge. (Facebook)

During the 16-minute phone conversation, McLeod was able to convince Herman to come to his family’s home and upon arriving Herman handed McLeod his gun. The two friends then shared a hug and Herman soon after provided the other officer with directions to the wooded area where Braden Herman’s naked body was found.

Arguing McLeod was acting more as a police officer than as a friend, defence lawyer Elisee von Holwede stated at no time during the phone conversation was Herman made aware of his right to legal counsel or that comments he made could be used in a court of law. Holwede also raised concerns with the way McLeod appeared to direct the incident. In response, Crown lawyer Jennifer Schmidt argued McLeod was in fact acting as a friend.

“If McLeod really wasn’t in that role, what a stupid decision to invite an armed man to your home,” she said, adding McLeod’s only motive was to ensure his friend was safe.

Charter breach

The second part of Wednesday’s hearing focused on the fact that pieces of evidence (cell phones) collected by police were seized and searched without the required reports filed to the Ministry of Justice. Holwede added in the specific case of one cell phone, the report wasn’t filed until last month.

“This is two years and four months after,” she said, adding police were responsible for a series of breaches.

The person in charge of handling evidence, Sgt. Androsoff, testified last month he did not know the police service’s policy and took responsibility for the mistake.

“At the end of the day, he didn’t know,” Jennifer Schmidt responded, adding that the timing of the filings not had an impact on the trial or the disclosure provided to defence.

Justice Meschishnick has reserved his decision, and a date for a follow-up hearing will be decided upon during a conference call on Oct. 25.

One of the final points of discussion during Wednesday’s nearly two-hour long hearing, was whether the two weeks set aside for the judge-alone trial in December would be enough time.

Hinting more time may be needed, Justice Meschishnick said they could discuss it further during the conference call.

nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell