First Trial For Man Accused of Killing Wisconsin Brothers Set

The first of two trials for a Missouri man accused of killing two Wisconsin brothers is scheduled for Sept. 26, 2022. Garland Joseph Nelson, who has been held without bond since his arrest in July of 2019, is charged in the Western District of Missouri with mail fraud and being in possession of a firearm and ammunition.

The case is related to the murders of Nick Diemel, 35, and Justin Diemel, 24, from Bonduel, Wisconsin. A federal grand jury returned an indictment against Nelson alleging he murdered the Diemel brothers to cover up a $215,000 cattle fraud scheme.

The state of Missouri and the federal government agreed to have Nelson stand trial on the federal counts before the state murder case. In the state case, Nelson is charged with two counts of 1st degree murder and that trial is scheduled for Feb. 6, 2023. The state intends to seek the death penalty.

Federal prosecutors say Nelson entered a business arrangement with Diemel Livestock of which Nick and Justin were principals. 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.

The Diemels shipped loads of cattle to Nelson between November 2018 and April 2019, and he allegedly sold, traded or killed the cattle without sending payment to the Diemel brothers. Prosecutors said Nelson “continued to fraudulently bill the Diemels for feed and yardage for cattle that had been sold, traded or had died.”

The indictment said Nelson “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 him. 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 an attempt to collect on the deb, the Diemel brothers traveled to Nelson’s farm near Braymer, Missouri, on July 21,2019. They were never seen again. When the brothers missed their flight back to Wisconsin their family reported them missing.

The affidavit filed against Nelson states that he “acted alone or in concert with others in committing the act of murder against both Nick and Justin Diemel.” The affidavit says Nelson drove the Diemel brothers’ rental vehicle to a park-and-ride near 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.

Remains were found by detectives 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.

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.