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Thread: Garland Joseph Nelson Sentenced to LWOP in 2019 MO Slaying of Nicholas and Justin Diemel

  1. #11
    Administrator Helen's Avatar
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    Two years, two brothers — no trial

    By Matt Hoffman
    News-Press NOW

    July 21 was the two-year anniversary of the alleged killing of two Wisconsin brothers after their trip to a rural Missouri farm.

    A trial for the incident is still 11 months away. Here’s a look back at the legal saga.

    July 2019 A massive police response descends on Braymer, Missouri. It’s a sleepy town of less than 1,000 people.

    Two brothers, Nick and Justin Diemel, didn’t make their return flight back to Wisconsin after they visited a farm in Braymer to collect payment and inspect cattle.

    At first, police call the case a missing persons investigations. But as the days pass, Garland Joseph Nelson, who works the farm owned by his mother, is taken in for a criminal interview.

    As police sift through dirt, they arrest Nelson for allegedly driving the brothers rental truck.

    On July 30, police announce that their efforts have paid off: remains were found on Nelson’s property.

    “On Tuesday July 30, investigators were assisted by a frontier forensic anthropologist who has identified that human remains have been located at the search area,” Clinton County Sheriff Larry Fish said at the time.

    August 2019 A Wisconsin judge declares the brothers legally dead at the request of the Diemel family.

    The judge finds matters at the brothers’ farm need urgent attention. That proceeding is separate from the criminal case against Nelson and a civil case the family would later file against Nelson and his mother.

    October 2019 After 80 days of investigation, Nelson is officially charged with murder. Until that time, he was only held for allegedly illegally driving the rental truck.

    News-Press NOW would later uncover that prosecutors are seeking the death penalty.

    “Burnt human remains were found and collected by law enforcement that were concealed in the manure pile on the property,” a law enforcement official wrote in a probable cause affidavit. “Based on DNA comparisons it is believed they are the remains of Nicholas and Justin Diemel.”

    Nelson has never admitted to killing the brothers, but police say he did admit in an interview to finding the brothers bodies dumped inside a “55 gallon metal barrel.”

    Police said Nelson later removed the bodies from the barrels before burning them, crushing them with a skid loader and spreading the remains across a field and manure pile.

    Nelson has entered a not guilty plea to all charges, and his defense lawyers, specialized public defenders from the capital murder unit, have vigorously defended “each and every objection” in the case.

    November 2019 One of Nelson’s former lawyers requests a continuance in court, citing “substantial” discovery.

    A few days later, the Lincoln County Nebraska Sheriff’s Office announced they had found human remains, believed to belong to Justin Diemel.

    September 2020
    From the fall of 2019 to September 2020, Nelson’s criminal case largely stalls.

    Delays are partly driven by the COVID-19 pandemic, with the Missouri Supreme Court imposing health related restrictions.

    In court documents, Nelson’s defense team said he “doesn’t intend” to use an alibi or mental defect defense. It’s unclear what defense, if any, Nelson will raise.

    It’s possible the defense team may try and claim self defense.

    Nelson’s case is also moved to Johnson County, Missouri, to avoid pre-trial publicity.

    Patrick Berrigan, Nelson’s public defender, said News-Press NOW coverage of “every pleading” in Nelson’s case would make a trial in Buchanan County or another Northwest Missouri county untenable.

    October 2020 Nelson is accused of orchestrating the theft of a semi-truck from behind bars. That case will also be heard in Johnson County.

    According to police, Nelson asked a man outside of jail to take possession of the trailer and sell it. Police allege the trailer didn’t belong to Nelson.

    Nelson elects to go to trial on the stealing charge, and rejects a plea-deal that would’ve seen him spend three years in prison.

    April 2021 On its first day, Nelson’s stealing trial is delayed after members of the public, including a reporter from News-Press NOW and the victim’s advocate, are kept out of the courtroom for jury selection.

    The judge ultimately orders the stealing trial postponed after the defense said it didn’t want to proceed without the public present.

    Because of COVID-19 restrictions, potential jurors sat in the gallery where the public would sit, leaving no extra room.

    July 2021 It will be 11 more months, in June of 2022, until Nelson appears for his capital murder trial.

    The stealing trial, continued from April of 2021, is on track to begin Aug. 3, 2021.

    Johnson County Judge Michael Wagner will decide the day before trial if News-Press NOW, and other media outlets, are permitted to record proceedings.

    Pam Diemel, the mother of Nick and Justin, has expressed frustration with time between the incident and a trial still months away.

    “That’s a long time to go,” she said of the 10-hour drive between her home in Wisconsin and court. “That’s a lot of useless trips.”

    https://www.newspressnow.com/news/lo...8a264e48e.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
    Administrator Heidi's Avatar
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    Accused killer wants stealing trial moved again

    A Braymer, Missouri, man who is also facing capital murder charges wants his stealing trial moved from Caldwell County.

    Garland Nelson is facing two counts of capital murder alongside a stealing charge for allegedly orchestrating the theft of a tractor-trailer while he was detained on the murder charges.

    If a change of venue is granted, Nelson’s stealing case would be transferred from Caldwell County for a second time. Last time, the Missouri Supreme Court assigned the case to Johnson County Judge Michael Wagner, the judge also handling Nelson’s capital murder trial.

    The capital murder trial also was moved from Caldwell County to Johnson County because of pretrial publicity.

    Nelson is seeking a change of judge.

    Under Missouri Supreme Court rules, a judge must transfer the case to another judge if the request is filed within 10 days of a defendant’s arraignment. Nelson’s request for a new judge was filed the same day he was arraigned last Tuesday. Nelson’s attorney asked for the Caldwell County judge to refer the case to the Missouri Supreme Court for reassignment.

    Missouri Supreme Court rules state a change of venue “shall be ordered” in a county with fewer than 75,000 inhabitants. Because Caldwell County has under 10,000 residents, according to the 2020 Census, the request is likely to be granted.

    A jury from another county could be brought to Caldwell County under the rule, but such a move would face logistical challenges like lodging and feeding jurors. The last judge handling Nelson’s stealing case estimated a trial on that case would take two or three days.

    Nelson’s first stealing trial was canceled abruptly after a key prosecution witness contracted COVID-19 and couldn’t appear. The Johnson County judge declined to grant the state a continuance, so the charge was dismissed and re-filed in Caldwell County, resulting in the current motions for a change of judge and venue.

    https://www.newspressnow.com/news/lo...67f547c66.html
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  3. #13
    Administrator Helen's Avatar
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    No plea agreement in case of accused double murderer

    By Matt Hoffman
    News-Press NOW

    The lead prosecutor in the case involving a man accused of double murder said Tuesday that the state hasn’t reached a plea agreement with the defense in the case.

    A source with direct knowledge of plea negotiations told News-Press NOW Tuesday that Garland Nelson had been offered a plea deal, but it hasn’t been accepted.

    Nelson is facing two counts of capital murder for allegedly killing two Wisconsin brothers, Nicholas and Justin Diemel, at his farm in Braymer, Missouri.

    “There is no plea agreement in place at this time,” said Steve Sokoloff, a special prosecuting attorney handling the case.

    News-Press NOW is not identifying the source because the person wasn’t authorized to publicly disclose the nature of the plea offer.

    Under the proposal, the state would agree to remove the death penalty as a possible punishment in exchange for Nelson pleading guilty to murder charges and being sentenced to life in prison.

    Nelson also would be required to give a full allocution, or formal statement, in court, the source said.

    Sokoloff demurred when asked about the specific details of the plea offer.

    “I am prohibited by the Missouri Supreme Court Ethics Rules from commenting on the status or existence of plea discussions in a pending case,” he said in an email. “I am sorry to sound evasive, but I have rules I am bound by.”

    Nelson’s case has toiled on since July of 2019. This May, the Diemel family expressed frustration with the “useless trips” they’ve made from Wisconsin to Missouri to attend hearings.

    A full trial on Nelson’s charges is scheduled for June of 2022. The source told News-Press NOW that the Diemel family consented to the proposed plea agreement because the case has drug on.

    Lawyers for Nelson didn’t respond to emails and a text seeking comment. Mitch Allen, the Caldwell County sheriff, referred all questions to the prosecutor.

    The source said the plea agreement initially had an expiration date of Nov. 15 for Nelson to respond, but that the offer still was available as of Tuesday.

    Nelson faces a separate charge for allegedly orchestrating the theft of a semi while he was held inside the Caldwell County Detention Center on the capital murder charges.

    That case also has faced significant delays, and a trial on the charge was abruptly canceled on its first day. Days before a second attempt at a trial, the judge dismissed the case because a prosecution witness was sick with COVID-19 and couldn’t testify.

    Nelson will appear in court on the stealing charge, which has been re-filed in Caldwell County, next month.

    https://www.newspressnow.com/news/lo...df9c4572a.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #14
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    Attorneys request more time to prepare for trial against man charged in Diemel brothers murders

    By WBAY News Staff

    CALDWELL COUNTY, Mo. (WBAY) - Attorneys for a Missouri man charged with the murders of two brothers from Shawano County are asking for the jury trial to be pushed back.

    Garland Nelson, 27, is charged with two counts of 1st Degree Murder for the 2019 killings of Nick and Justin Diemel of Bonduel.

    On Jan. 31, Nelson’s attorneys asked for a continuance of jury trial dates. That means they are requesting more time to prepare for trial, which was expected to start in June. That’s nearly three years after the crime. A hearing on the continuance request is scheduled for Feb. 7.

    Nelson is represented by a public defender. Three other public defenders are listed as co-counsel.

    The trial has been previously delayed. Prosecutors are seeking the death penalty against Nelson.

    On July 21, 2019, the brothers, owners of Diemel’s Livestock, traveled to Nelson’s farm in Missouri to collect on a debt. They were never seen again.

    “Based on the investigation, it is believed Nick and Justin Diemel never left the property after they arrived and were intentionally killed. It is believed Garland Joseph Nelson acted alone or in concert with others in committing the act of murder against both Nick and Justin Diemel,” reads an affidavit filed against Nelson.

    The affidavit says at 11:45 a.m. that day, Nelson drove the Diemel brothers’ rental vehicle from his Braymer farm to a park-and-ride in Holt, Missouri. Nelson stated that he left the keys in the ignition and removed the Diemel brothers’ cell phones and tossed them along the roadway. He arranged for someone to pick him up and take him back to the farm.

    The affidavit states remains were found in a 55-gallon barrel in a pole barn on the Nelson farm. The affidavit states Nelson admitted to burning the remains, crushing the burn barrels, and cleaning up blood in a barn.

    A blood stain on Nelson’s clothing was a DNA match for Nick Diemel, according to the affidavit.

    Remains were also found on a trailer on a ranch in Nebraska. A rancher had recently purchased the trailer from Missouri.

    A neighbor described hearing the sound of multiple gunshots coming from the direction of the Nelson farm at about 11:15-to-11:30 on the morning of July 21. That’s the time Nelson admitted that the Diemels were on the property prior to Nelson driving their rental vehicle to Holt.

    A fired 30-30 caliber cartridge was found in Nelson’s clothing, and 30-30 caliber ammunition was found in Nelson’s vehicle. Nelson was in possession of a 30-30 caliber rifle.

    The Diemel family filed a wrongful death lawsuit against Nelson. A judge approved a $2 million settlement.

    Last May, a federal grand jury in the Western District of Missouri returned an indictment against Nelson, alleging he murdered the Diemel brothers to cover up a $215,000 cattle fraud scheme. Nelson is charged with one count of federal mail fraud.

    The federal prosecutor says Nelson agreed to care for livestock from Diemel’s Livestock. Nick and Justin Diemel were principals in the business that traded and invested in cattle and livestock. Nelson agreed to feed and pasture the cattle and sell them on the sprawling farm owned by his mother. Nelson agreed to send the proceeds to Diemel’s Livestock.

    Between November 2018 and April 2019, the Diemels delivered loads of cattle to Nelson. Nelson then sold, traded and/or killed the cattle without sending payment to the Diemel brothers, according to the federal indictment.

    Prosecutors claim Nelson “continued to fraudulently bill the Diemels for feed and yardage for cattle that had been sold, traded, or had died.”

    “Nelson, the indictment says, did not properly care for cattle due to incompetence, neglect, or maltreatment. Cattle entrusted to Nelson had high death rates dues to underfeeding, neglect, and/or maltreatment. Nelson fed cattle inadequately and poorly,” reads a statement from the prosecutor’s office. “For example, he dropped hay bales in a pasture for calves but did not remove the plastic covering so that calves ate the plastic and died. In another example, in December 2018, Nelson was entrusted with feeding and caring for 131 calves he co-owned with a Kansas farmer. On May 23, 2019, Nelson dropped off 35 calves at the co-owner’s farm in Kansas, apparently all that survived of the 131. Of the surviving 35 calves, many were emaciated and had ringworm. Some calves had their ears torn as though identifying ear tags had been removed.”

    Nick Diemel continued to press Nelson for payment and sent no more cattle to them. The indictment states Nelson sent the Diemels a $215,936 bad check. His account had a balance of 21 cents at the time. Prosecutors say the check had been intentionally torn so it could not be cashed.

    https://www.nbc15.com/2022/02/01/att...thers-murders/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Administrator Helen's Avatar
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    Trial for Missouri man accused of killing Shawano County brothers delayed to February 2023

    Over 3½ years after 2 Shawano County brothers were first reported missing, a Missouri livestock rancher accused of killing the men will be heading to trial next year.

    Garland J. Nelson, 27, is charged with shooting Nicholas Diemel, 35, and Justin Diemel, 24, and burning and burying their bodies. The brothers' remains were found in Missouri and Nebraska.

    Nelson's trial was initially set to start this month and was later pushed back to start in June.

    But on Monday, Nelson's attorneys asked for more time, and the trial will now be in February 2023, online Missouri court records show.

    If convicted, Nelson faces the death penalty.

    The brothers were the owners of Diemel's Livestock in Navarino. They went to Nelson's property to collect a $250,000 check from him for cattle he was taking care of, according to court documents.

    They were reported missing in July 2019, after they didn't get on the flight back to Wisconsin. Nicholas Diemel's remains were found on Nelson's farm over a week after the brothers' disappearance. Justin Diemel's remains were discovered Nov. 15, 2019, near Hershey, Nebraska.

    Nelson's court hearings have been postponed many times since the brothers were killed.

    In addition to the 2 homicide charges, Nelson faces 2 counts of abandoning their corpses, 2 counts of tampering with physical evidence, 2 armed criminal action counts, a 1st-degree tampering with a vehicle charge and unlawful possession of a firearm.

    Nelson also faces a charge of mail fraud in federal court for trying to cover up $215,000 worth of the cattle fraud scheme for the cattle he was supposed to take care of, according to court documents.

    (source: Green Bay Press-Gazette)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #16
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    Victims' family reacts to Nelson murder trial delay

    By Quinn Ritzdorf
    News-Press NOW

    The family of two brothers killed in Northwest Missouri in 2019 is expressing frustration after another delay in the trial of the man accused in their deaths.

    Garland Nelson is facing two counts of capital murder in the deaths of brothers Nick and Justin Diemel more than two years ago, yet the victims’ family continues to wait for trial after it was delayed again.

    “I don’t understand the justice system, because I never thought in a million years I would have to try to understand it,” said Pam Diemel, the mother of Nick and Justin. “But it’s awful. It’s awful for the whole family.”

    Nelson’s capital murder trial originally was scheduled for February 2022 before being pushed back to June.

    Then two weeks ago, the defense filed a motion to continue the trial again. The argument was that Nelson’s forensic psychologist was on medical leave with cancer and couldn’t provide a behavioral and psychiatric evaluation before the trial in June.

    The defense cites extensive case law stating that this evaluation is a “prerequisite to a fundamentally fair capital trial” and the absence of such an expert “violates the accused’s right under the Fourteenth Amendment.”

    Although the defense asked for a continuance, it’s not believed the psychologist’s medical leave is long-term and it won’t affect the trial going forward.

    The prosecution argues that in none of the defense’s cited cases, including the United States Supreme Court case Ake v. Oklahoma, has a court suggested that a defendant has a right to a “particular expert.” He said other psychologists are mitigation specialists.

    However, the defense says four months isn’t enough time to find a new psychologist and perform an evaluation before the trial in June.

    The prosecution also argued that the victims have a right to a speedy trial. Diemel said she doesn’t believe this has happened, as she has driven to and from Wisconsin for every court hearing and proceeding for the last two-and-a-half years.

    “I truly believe they failed us,” Diemel said of the court system. “I get what they’re trying to do, but you see all these other cases and I know that they’re not capital punishment cases, but they go a heck of a lot quicker than this.”

    Last week, Johnson County Judge Michael Wagner sided with the defense and postponed the murder trial until Feb. 6, 2023.

    “I was shocked,” Diemel said of the judge’s decision. “It felt like he made a promise to us that this would be the last time and (the defense) better be prepared and he wasn’t once again. (The judge) pretty much said, not in these words, but, ‘We don’t matter.’”

    https://www.newspressnow.com/news/lo...7589f2cb1.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #17
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    Missouri prosecutors drop state charge in favor of federal charge in Diemel murder case

    By Brian Kerhin
    WLUK News

    WARRENSBURG, Mo. (WLUK) – Missouri prosecutors Monday dropped one of the state charges against a man who allegedly killed two Shawano County brothers because the potential penalty is greater in federal court.

    Garland Nelson allegedly killed Nick and Justin Diemel, who went to Nelson’s farm in northwestern Missouri related to the cattle business. Court documents allege Nelson fatally shot the brothers who came to collect a $250,000 check.

    One of the ten charges Nelson faced was allegedly being a felon in possession of a firearm, which carries a maximum penalty of seven years in prison under Missouri law. Because the equivalent federal charge has a maximum 10-year sentence, state prosecutors dropped the count, anticipating the feds adding the count in the coming weeks, special assistant prosecutor Steven Sokoloff told FOX 11 Monday.

    Nelson is scheduled to stand trial in state court Feb. 6 on the nine remaining counts, including two counts of homicide.

    He also faces federal mail fraud counts, with a May 2 trial set in that case.

    https://fox11online.com/news/local/m...sburg-brothers
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
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    Man accused of killing brothers to cover up cattle fraud to stand trial Sept. 2

    By WBAY News Staff

    KANSAS CITY, Mo. (WBAY) - A federal fraud trial for a Missouri man accused of killing two brothers from Shawano County is set for the end of September.

    Garland Nelson is charged in the Western District of Missouri with mail fraud and being a felon in possession of a firearm and ammunition. A federal jury trial is scheduled to commence on Sept. 26. The trial is expected to go 4-5 days, but the defense has been granted a request for a second week setting.

    The case is related to the murders of Nick and Justin Diemel of Bonduel. Last May, a federal grand jury returned an indictment against Nelson, alleging he murdered the Diemel brothers to cover up a $215,000 cattle fraud scheme.

    Four motions remain outstanding ahead of trial, including a motion to sever the counts in the case. Nelson’s defense argues that mail fraud and felon in possession of a firearm are not related and should not be connected at the same trial. They are asking for separate trials on the counts. Decisions are pending on the motions.

    The witness list for the federal trial includes members of the Diemel family.

    The federal prosecutor says Nelson agreed to care for livestock from Diemel’s Livestock out of Bonduel. Nick and Justin Diemel were principals in the business that traded and invested in cattle and livestock. Nelson agreed to feed and pasture the cattle and sell them on the sprawling farm owned by his mother. Nelson agreed to send the proceeds to Diemel’s Livestock.

    Between November 2018 and April 2019, the Diemels delivered loads of cattle to Nelson. Nelson then sold, traded and/or killed the cattle without sending payment to the Diemel brothers, according to the federal indictment.

    Prosecutors claim Nelson “continued to fraudulently bill the Diemels for feed and yardage for cattle that had been sold, traded, or had died.”

    “Nelson, the indictment says, did not properly care for cattle due to incompetence, neglect, or maltreatment. Cattle entrusted to Nelson had high death rates dues to underfeeding, neglect, and/or maltreatment. Nelson fed cattle inadequately and poorly,” reads a statement from the prosecutor’s office. “For example, he dropped hay bales in a pasture for calves but did not remove the plastic covering so that calves ate the plastic and died. In another example, in December 2018, Nelson was entrusted with feeding and caring for 131 calves he co-owned with a Kansas farmer. On May 23, 2019, Nelson dropped off 35 calves at the co-owner’s farm in Kansas, apparently all that survived of the 131. Of the surviving 35 calves, many were emaciated and had ringworm. Some calves had their ears torn as though identifying ear tags had been removed.”

    Nick Diemel continued to press Nelson for payment and sent no more cattle to them. The indictment states Nelson sent the Diemels a $215,936 bad check. His account had a balance of 21 cents at the time. Prosecutors say the check had been intentionally torn so it could not be cashed.

    In the state case, Nelson, is charged with two counts of 1st Degree Murder. The trial in the state case has been pushed to Feb. 6, 2023. The state intends to seek the death penalty.

    The state and federal government agreed to have Nelson stand trial on the federal counts before the state murder case.

    On July 21, 2019, the Diemel brothers traveled to Nelson’s farm in Missouri to collect on the debt. They were never seen again.

    “Based on the investigation, it is believed Nick and Justin Diemel never left the property after they arrived and were intentionally killed. It is believed Garland Joseph Nelson acted alone or in concert with others in committing the act of murder against both Nick and Justin Diemel,” reads an affidavit filed against Nelson.

    The affidavit says at 11:45 a.m. that day, Nelson drove the Diemel brothers’ rental vehicle from his Braymer farm to a park-and-ride in Holt, Missouri. Nelson stated that he left the keys in the ignition and removed the Diemel brothers’ cell phones and tossed them along the roadway. He arranged for someone to pick him up and take him back to the farm.

    The affidavit states remains were found in a 55-gallon barrel in a pole barn on the Nelson farm. The affidavit states Nelson admitted to burning the remains, crushing the burn barrels, and cleaning up blood in a barn.

    A blood stain on Nelson’s clothing was a DNA match for Nick Diemel, according to the affidavit.

    Remains were also found on a trailer on a ranch in Nebraska. A rancher had recently purchased the trailer from Missouri.

    A neighbor described hearing the sound of multiple gunshots coming from the direction of the Nelson farm at about 11:15-to-11:30 on the morning of July 21. That’s the time Nelson admitted that the Diemels were on the property prior to Nelson driving their rental vehicle to Holt.

    A fired 30-30 caliber cartridge was found in Nelson’s clothing, and 30-30 caliber ammunition was found in Nelson’s vehicle. Nelson was in possession of a 30-30 caliber rifle.

    The Diemel family filed a wrongful death lawsuit against Nelson. A judge approved a $2 million settlement.

    https://www.wbay.com/2022/09/08/man-...trial-sept-26/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #19
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    Nelson pleads guilty, gets two life sentences in brothers' murders

    By Quinn Ritzdorf
    News-Press Now

    The Northwest Missouri man charged in the deaths of two brothers from Wisconsin pleaded guilty Friday to two counts of first-degree murder, ending a case that has twisted its way through the courts for more than three years.

    Garland Joseph Nelson entered the pleas in a Cass County courtroom, receiving two life sentences without parole that will run consecutive to each other. In exchange for the pleas, all the remaining charges against Nelson, which included counts of abandonment of a corpse, tampering with evidence, tampering and stealing a motor vehicle and armed criminal action, were dropped.

    In 2020, one of Nelson's defense attorneys said the state was seeking the death penalty if he was convicted in the case. Despite that fact, the Diemel family was “shocked” Nelson pleaded guilty, but Brady Kopek, the Caldwell County prosecutor, said the deal had been on the table for a year and in the works “for awhile.”

    “This was probably one of the biggest cases in northwest Missouri in recent memory and it's been the talk of the town,” Kopek said. “I know everybody is going to be relieved to know that it's finally resolved.”

    According to court documents, between 2018 and 2019, the Diemel family sent livestock to Nelson’s farm to be cared for, but the animals were neglected and many died. Yet Nelson still charged the family full price.

    The Diemels later asked for their money back. According to court documents, Nelson purposefully damaged a check sent to Nick Diemel. This led to him coming to Missouri with his brother Justin to meet Nelson in person.

    In court Friday, Nelson admitted to killing Nicholas Diemel, 35, and Justin Diemel, 24, in July of 2019 on his farm near Braymer, Missouri. Nelson said he shot and killed Nick and Justin before burning their bodies in the pasture on his farm.

    When Nelson confirmed the details of the murders in court Friday, it was the first time most members of the Diemel family heard what actually happened. As the defense described Nelson shooting the two brothers, the Diemel family began to cry and Pam Diemel, the mother of the two brothers, left the courtroom.

    “I’m sick to my stomach right now,” Pam said after the hearing. “Life is very empty without them here.”

    The Diemel brothers were reported missing when they didn't make their scheduled flight from KCI, and after extensive searches, law enforcement officers eventually found human remains.

    Following the plea, the Diemel’s described how much their family has been affected by this “heartless” act. Nick left behind a wife, Lisa, and four kids, while Justin was soon to be engaged.

    “Nick, we had big plans for our family’s future and it has been unimaginably hard coming to terms that I will forever navigate this life without you,” Lisa said when she addressed the court Friday. “Your children’s loss causes me so much pain and many tears.”

    Connie Leisgang, the brothers’ aunt, said when Nick’s son sees an airplane he thinks it’s his dad coming home.

    “Holidays are awful,” Pam said. “We have to put on a face and you have to put a fake smile on to make your grandchildren happy and your children. That'll probably be the rest of our lives.”

    Trials in the case had been delayed repeatedly and moved to different courthouses. Although the brothers' murders happened in Caldwell County, Nelson's court proceedings were ultimately moved to Johnson and Cass counties due to publicity surrounding the case.

    Nelson had been set to appear in federal court in Kansas City for a trial next week in a separate case related to his dealings with the brothers. The federal charges involve two counts of fraud and two counts of unlawfully transporting firearms.

    “A big weight has come off of our shoulders,” said Mitch Allen, the Caldwell County sheriff. “It is the outcome we were hoping for. We hope that the family can find some closure in this. It's going to be really difficult for them, but life does go on.”

    Pam Diemel said there will never be closure. But the family will always remember Justin’s beautiful smile and Nick as an incredible husband and father.

    “They didn't deserve what was done,” Connie Leisgang, the aunt, said. “It was just awful, especially when you hear it in court. There'll never be closure. We're always going to remember the boys regardless.”

    https://www.newspressnow.com/news/lo...718cb3f68.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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