Braden Herman’s family files lawsuit against Bernie Herman, RCMP

While the criminal murder case against a former RCMP officer in Prince Albert winds its way through the courts, the family of the victim is kicking off a lawsuit.

In a statement of claim filed Thursday in Regina Court of Queen’s Bench, Brett Herman is seeking damages from ex-Mountie Bernie Herman as well as the RCMP.

Brett Herman is Braden’s half-brother.

Bernie Herman is accused of shooting Braden Herman to death in Prince Albert on May 11. Bernie is charged with first-degree murder in the case and has pleaded not guilty. The men aren’t related.

The suit claims Bernie often called Braden on a private cellphone, and alleges Braden suffered injuries in the past.

On the day Braden was killed, Bernie reportedly called a co-worker and made “disturbing” comments about killing someone.

The statement of claim describes the colour of the bullet hole in Braden’s skull and the damage caused by the bullet.

Tony Merchant, the family’s lawyer in the suit, said that information came from the family.

“It’s like something out of a gangster movie — that the gun was placed just a few inches from his head and there’s a hole right in his forehead. It reads out of a paperback and when the family talks about seeing their brother in these circumstances, it’s ghoulish and frightening and awful,” Merchant explained.

The suit accuses the RCMP of employing “an unstable person,” and suggests the police force ought to have known about his actions.

“The RCMP operate on the basis of creating awe and high regard for them, which in my view they deserve, but with awe and high regard comes responsibility to be sure that it’s not abused by your officers,” Merchant said.

Merchant said the suit likely won’t be able to proceed too far before the criminal case is over but that may not be the case for the RCMP as a respondent.

“We want the RCMP, immediately, to be on notice of their conduct and they should be looking into what happened because the RCMP is responsible as well as the murderer, in essence,” said Merchant.

He also said the family may be able to get some information and documents from the RCMP in the meantime.

The statement of claim says the defendants are liable under the Fatal Accidents Act and the torts of private and public nuisance, and are liable for the torts of assault, battery and negligence. It says their actions also amount to “misfeasance of public office.”

The suit is seeking damages to cover medical and funeral expenses, the cost of grief counselling for Braden’s family members and loss of earnings.

Merchant said he didn’t know what damages might emerge.

“It isn’t really about damages for the family, it’s shock that their brother and their family member was killed and a demand for some acceptance of responsibility,” he explained.

The statement of claim contains allegations not yet proven in court.

EDITOR’S NOTE: Some allegations contained in the statement of claim have been removed as the matter is before the courts.