Driver responsible for fatal crash near Emma Lake receives three year prison sentence

She explained how Bird, who was behind the wheel of a GMC Sierra truck, fell asleep and drove through a stop sign off Highway 263 and Okema Beach Road.

Herzog, the lone occupant of a Chrysler car, was on his way to work at the Saskatchewan Penitentiary when his vehicle was struck on the driver’s side. He was pronounced dead at the scene.

Keith Herzog, a maintenance supervisor at the Saskatchewan Penitentiary, was close to retirement. (Image Credit: Submitted photo.)

After the crash, Bird abandoned the truck and fled the scene on foot.

He was later arrested in July 2025 after a break-in attempt in Saskatoon. Forensic evidence left at the scene was matched to DNA that had been pulled off an airbag in the truck.

When asked by police why he did not remain at the scene of the crash, Bird replied he considered it, but a part of him “didn’t want to.”

Bird’s lawyer, Evan Strelioff, mentioned his client felt deep remorse and had left an apology letter at the crash site, which was marked by a special memorial.

Bird was also given an opportunity to speak at the sentencing hearing.

“I’m sorry for everything,” he said while looking straight ahead at Justice Mills.

Members of the Herzog family sat in the gallery, including Keith Herzog’s wife, Diane. Reading her victim impact statement, she said the sentencing hearing fell on what would have been their 48th wedding anniversary.

Keith Herzog’s wife Diane was visibly frustrated by the sentence. https://t.co/eIeQGYk0JH

— Nigel Maxwell (@NigelMaxwell) October 28, 2026

Diane’s victim impact statement

Diane Herzog said Keith loved his job at Saskatchewan Penitentiary and most of all enjoyed the feeling of helping inmates change their lives for the better.

“His ability reaching those individuals left them feeling someone cared,” she said

“Individuals he reached out to during his employment were similar to the men that ended his own life in a split second.”

Diane Herzog said Keith was a husband, father, grandfather, brother, uncle and a friend to many.

While RCMP initially laid a charge related to the truck being stolen, that was among the charges stayed by the Crown and while there were no facts read in court to support her claims, Herzog stated Bird and his accomplices had just finished a crime spree in the Lakeland area.

“You fully intended to get away with all you had stolen, but made one mistake. You ran a stop sign while the person trying to make a living for his family, was heading to work at that precise time.”

Herzog said Bird’s actions have deeply affected her family.

“My grandchildren still wake up with nightmares. We go by that crossroad every day, sometimes weekly, feeling the fear and a huge sadness at that intersection.”

A wooden cross marks the site where the crash occurred. (Image Credit: Submitted photo.)

“He was our home base, our rock, our emotional security and the core of our family. How dare you take that from us.”

While Bird has to date been the lone person arrested, Herzog remains adamant there was someone else in the truck who also needs to be held accountable.

“There is no forgiveness unless you own up for what you did.”

Outside the courthouse, Diane, visibly frustrated by the sentence, was asked about the experience of reading her statement.

“It was hard, but I promised Keith I was going to do it and to stare at [Bird] in the eye say you took someone’s life. Was it worth it?”

Before accepting the joint submission, Justice Mills reserved his decision for one hour. He ultimately agreed the facts aligned with the charges to which Bird pleaded guilty.

“The Crown can only rely on facts they can prove beyond a reasonable doubt,” he said.

Mills also offered his condolences to the Herzog family.

“You’ve been robbed of what you expected to be a happy and long life together.”

Following his release from custody, Bird will be subject to a five year driving ban. As per his criminal record, he has three prior driving convictions.

nigel.maxwell@pattisonmedia.com

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by Nigel Maxwell

Driver responsible for fatal crash near Emma Lake receives three year prison sentence

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