The fate of Bernie Herman is now in the hands of a King’s Bench judge.
Lawyers for both the Crown and defense made their closing arguments in the first degree murder trial of the former RCMP officer Wednesday morning in Prince Albert. Bernie is charged with first degree murder in the shooting death of Braden Herman in May of 2021.
During their final submission defense lawyer Darren Kraushaar stressed that the Crown had not proven that the killing of Braden met the threshold for first degree murder. The defense lawyer argued the accused’s uniform and duty belt were dirty after taking part in all terrain vehicle training the day of the shooting and that taking both home was an explanation which made sense. Kraushaar said the Crown did not prove the shooting of Braden was intentional nor that Bernie drove Braden out to the wooded area of Little Red River Park with the intention of killing him.
“There’s no evidence he knew of this location,” he said.
The defense did not dispute that Bernie shot Braden, however Kraushaar asked the court to consider Bernie’s testimony that he didn’t remember pulling his gun out and shooting Braden. The defense as well brought up texts messages and testimony which showed that Braden had been abusive to Bernie and his wife Janice. Kraushaar said the relationship between Bernie and Braden was a complex one and said people who experience inter personal violence don’t always break off contact with those who have abused them.
“There’s no right way for a victim to behave,” he said.
The defense asked the judge to consider self defense and said when it came to a possible conviction, manslaughter should be considered due to their being strong evidence the shooting was impulsive.
In their final submission to the court the Crown asked the court to be skeptical of the evidence Bernie gave in his testimony. Crown Prosecutor Jennifer Schmidt said Bernie’s testimony in his own defense was self serving in nature and that his credibility is a major issue.
“His version of events is simply not credible,” she said.
The Crown added during his testimony Bernie was not able to answer why he kept going back to Braden despite him being abusive. Schmidt as well said on the day of the shooting their is no evidence that Braden asked Bernie to pick him up and give him a ride somewhere.
“Bernie Herman went and picked up Braden Herman,” said Schmidt.
During their closing arguments the defense brought up that the accused had got treatment for a chipped tooth which they allege was a result of a confrontation with the victim. Schmidt said Bernie did not tell anyone about the injury when he was arrested, during which he had a number of chances. The Crown prosecutor as well asked the court to consider testimony from RCMP officers who testified about the steps an officer needs to go through to pull their gun from their holster when weighing Bernie’s testimony about not remembering that he pulled his gun.
Schmidt as well said during the Crown’s cross examination of the accused he said he had the chance to leave and reminded the court that the victim was not in a position to be much of a threat.
“Braden Herman was naked except for his glasses,” she said.
The matter is set to return to court Jan. 25 for a verdict.