Bernie Herman was convicted in January of manslaughter in the death of Braden Herman.
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PRINCE ALBERT — A former Saskatchewan Mountie who fatally shot his lover in a park has been sentenced to 11 years in prison.
Bernie Herman was convicted in January of manslaughter in the death of Braden Herman.
The two men are not related.
Lawyers did not dispute that Bernie Herman fired the gun that killed the younger man. The 55-year-old testified that he shot Braden Herman but said he felt threatened.
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The Crown had asked for a life sentence, while the defence argued for a term of four to six years.
During the trial and closing arguments, Crown prosecutors said the Mountie deliberately lured his lover to the isolated area to kill him, while the defence said the shooting was in self-defence, and that it was unplanned and haphazard.
“I did not believe (Bernie) Herman that he felt threatened,” Court of King’s Bench Justice Gary Meschishnick said when he read his decision in January.
However, the judge said the Crown had not proven the officer was not provoked. A killing must have been planned and deliberate for a first-degree murder conviction, which would have carried an automatic life sentence with no chance of parole for 25 years.
The trial in December heard the two men met on Facebook around 2018. Not long after, Braden Herman moved into the veteran officer’s family home.
The relationship became sexual and caused strain on the Mountie’s marriage, court heard. The officer’s wife kicked Braden Herman out of the home in 2019, but the sexual relationship between the men continued.
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Bernie Herman told the trial that the sex wasn’t always consensual. The officer said he was afraid because the young man would get violent.
Prosecutors said Bernie Herman’s testimony wasn’t credible, as the officer continued to sleep with and seek out the younger man.
Messages shown in court during the trial showed there was love between the two men, but there was also frustration.
A video recorded by the officer of a call he made to Braden Herman on the day of the killing was played during the trial. The video showed Braden Herman asking Bernie Herman to say that he loved him, while the officer talked about sexual positions and called Braden Herman a parasite.
Later that day, wearing his uniform, duty belt and RCMP-issued weapon, Bernie Herman picked up the younger man and they drove to the park. The Mountie testified Braden Herman grabbed him by the face. He said the younger man, who was naked, walked to the back of the passenger side of the truck and bent down to grab an object.
The Mountie testified he doesn’t remember what happened next, but his gun went off.
Prosecutors said the Mountie deliberately brought home his service weapon and lured Braden Herman to the isolated area with the promise of sex. The officer also confessed to his wife, which shows intent to kill, prosecutors said.
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