Found Deceased MO - Nicholas Diemel, 35, & Justin, 24, brothers missing, Clinton County, 21 July 2019 *ARREST*

[riolove77]

I'm sure this JN character is going to try to find a way to pin this on someone else. I think at the end it will be quite simple: he was swindling them, and they found out and threatened to report him to LE/the feds. This guy was not going to go back to prison, especially after having served time for "not doing anything wrong". Pretty tight window if everything was fine at 11, but with a gun, it takes seconds to shoot two people dead. And I'm sure everyone out there is carrying. Everything could have been fine at 11 and they could've been dead by 11:15.

 

[Mw221]

I read that post, but I don’t believe that’s what happened. JN did it.
jmo

Is there a link to this information someplace?

 

[oceanverde]

We have a possible motive for JN killing the brothers--that JN was swindling them some way in buying/feeding cattle. A friend of JN wouldn't have this motive.

Unless they were somehow in on the scam of the Diemel brothers but that to me is not likely.

 

[Tippy Lynn]

Is there a link to this information someplace?

It’s on social media.....sorry we can’t post the link.

 

[Mw221]

What are Missouri's felony classes?
Felonies in Missouri range from Class A, the most serious crimes, to Class E felonies, the least serious felony classification.There are five categories of felonies in Missouri, ranging from Class A to Class E.

Felony Class Penalty
Class A Felony A term of years not less than ten years and not to exceed thirty years, or life imprisonment.
Class B Felony A term of years not less than five years and not to exceed fifteen years.
Class C Felony A term of years not less than three years and not to exceed ten years.
Class D Felony A term of years not to exceed seven years.
Class E Felony A term of years not to exceed four years.

How long is probation for a felony conviction in Missouri?
The probation term for a felony conviction is from one to five years

How do you get rid of a felony?
There are three routes to get rid of a felony conviction:

• Criminal appeal and original conviction overturned
• Expungement of the felony conviction
• A pardon from the Governor of Missouri

The expungement laws in Missouri changed on January 1, 2018, expanding the opportunities available for those with a previous criminal conviction. However, crimes of violence and sex crimes are ineligible for expungement.


Tampering with a motor vehicle is a Class D Felony in Missouri.

Missouri Class D Felony Definition
A class D felony is punishable by up to 7 years in prison. The court has discretion to imprison a defendant in the county jail for up to one year for a class D felony. If the court imposes a sentence of imprisonment for a term longer than one year, it must send the defendant to the Department of Corrections. A court may order a person convicted of a class D felony to pay a fine up to $10,000.00.

The protection order on his record, if it was actually stalking 1st degree and 1st offense is a Class E Felony in Missouri.

Missouri Class E Felony Definition
A class E felony in Missouri carries the least severe range of punishment available under the statute with a term of incarceration not to exceed four years.


I am not exactly sure how these affect a person who would already be on probation. I am not even sure if he would still be on probation or not if he only got 1 year of probation from his release date in March of 2018, it seems he wouldn’t be.

 

[Mw221]

Article I, §32 provides that “upon a showing that the defendant poses a danger to a crime victim, the community, or any other person, the court may deny bail or may impose special conditions which the defendant and surety must guarantee.” This provision changed the game for defendants in that the safety of the victim and community became a consideration for courts setting bail. Perhaps more realistically, it legitimized the otherwise illegitimate practice of setting high bonds in criminal cases where aggravating circumstances existed but no threat of flight was present.


Section 544.455 RSMo. was initially adopted in 1972 and amended as recently 2013. It addresses the circumstances under which a person charged with a crime may be released and is primarily concerned with assuring that the released person will appear at times designated by the court. Read alone, one might erroneously conclude that the only purpose of bail is to assure the appearance of the defendant at trial.


While I am not a lawyer, nor familiar enough with Missouri law, it seems, based on this information, that as long as they consider him a danger to the community, he can be denied bail until a trial occurs.

In Missouri Supreme Court’s ruling in State v. Jackson, 384 S.W.3d 208 (Mo. Banc 2012). State v. Jackson it did suggest that while bond cannot be used solely to keep a defendant in jail pending trial, it is possible to deny bond altogether “if the State shows that the defendant poses a danger to the victim or public.”

 

[Mw221]

I guess I have to question one big thing. If this crime was committed in haste, and happened so quickly, like they were shot, as earlier mentioned, how could someone else not have been involved. If JN was a felon, he couldn’t have a gun. While I realize if he is murdering people his care for legality and abiding by the law isn’t a priority, but I am just saying, where would he have gotten a gun as a felon?

 

[Sincerely]

Gosh. I have to stay away from SM. I am such an empath and really soaking up this family’s emotions. Those sweet, innocent, and hurt little ones I just can’t when I start to think about their daddy not walking through the front door again, ever. No last hug, no looking out in the crowd for their dad’s big smile, knowing they are making him proud. No more fun visits from their uncle. I could go on and on. Point is, why do people keep doing this? I am sad for all innocent people who are taken away from their family in such a tragic way, and the absolutely senseless acts like this just really get me. If he just would have thought his actions through, realizing it’s money, maybe a little jail time for whatever he was doing, maybe, just maybe he wouldn’t have done this. It doesn’t make sense. He is still going to jail, so why not the lesser amount of time?! I know I’m trying to make sense from my mindset and not a psychopath. I just wish we could find a way to stop these dangerous people before they kill.

 

[ogold45]

I guess I have to question one big thing. If this crime was committed in haste, and happened so quickly, like they were shot, as earlier mentioned, how could someone else not have been involved. If JN was a felon, he couldn’t have a gun. While I realize if he is murdering people his care for legality and abiding by the law isn’t a priority, but I am just saying, where would he have gotten a gun as a felon?

Probably from someone he knows.

 

[Quilter]

I guess I have to question one big thing. If this crime was committed in haste, and happened so quickly, like they were shot, as earlier mentioned, how could someone else not have been involved. If JN was a felon, he couldn’t have a gun. While I realize if he is murdering people his care for legality and abiding by the law isn’t a priority, but I am just saying, where would he have gotten a gun as a felon?

Guns are readily available to felons unfortunately. They just try a little harder to not get caught with them. Being on a farm, I’m sure he had access to guns located there.

 

[Mw221]

Guns are readily available to felons unfortunately. They just try a little harder to not get caught with them. Being on a farm, I’m sure he had access to guns located there.

That makes sense that there would be guns there and that is why he didn’t live there. I am pretty sure in all states if a felon is living in a home, there can’t be firearms in the home.

 

[TristanP]

According to someone who claims to be a relative, and is posting freely on social media, JN is claiming it was not him but a friend. That cousin claims he does have a lawyer at least as of today.

His friend, a/k/a the voice inside his head...

 

[TristanP]

I will paraphrase-The cousin made a comment on a news station's sm post. She states that JN allegedly told his grandmother that he went inside to take a shower and the brothers were left with a friend. When he came out of the shower, the friend said the brothers were going to pick their truck up in two hours and that JN needed to drive it to the park and ride. This friend supposedly has a criminal record as well. Unlikely? Sure! Im just passing on what she shared publicly on sm.

If the comment is on a post on a news outlet’s FB page, you can put the link to the FB post and then direct people to the comment by mentioning what time it was posted or the initals of who posted it.

 

[S. Gammon]

His friend, a/k/a the voice inside his head...

Exactly. I think he's buying time. They will find the friend, he may have been involved - or not. It still doesn't explain why he left the truck running with its lights on if he was told by his friend that the brothers were coming to get it later. The battery would have been dead by the time they got to the park and ride. And, who would have given the brothers a ride from the farm, and why? There's not exactly a taxi or Uber in this part of the world. I'm from there.

 

[indicolite22]

If the comment is on a post on a news outlet’s FB page, you can put the link to the FB post and then direct people to the comment by mentioning what time it was posted or the initals of who posted it.

But you can't reveal the content of that fb comment unless it's quoted/paraphrased in a MSM article?

 

[S. Gammon]

If the comment is on a post on a news outlet’s FB page, you can put the link to the FB post and then direct people to the comment by mentioning what time it was posted or the initals of who
posted it.

Thank you! I didn't want to cross any lines.
https://www.kmbc.com/artic
le/garland-joey-nelson-charged-in-connection-with-disappearance-of-missing-wisconsin-brothers/28540466

This story was posted on social media. Comments from a JT show screenshots from JN's supposed relative.

 

[indicolite22]

Exactly. I think he's buying time. They will find the friend, he may have been involved - or not. It still doesn't explain why he left the truck running with its lights on if he was told by his friend that the brothers were coming to get it later. The battery would have been dead by the time they got to the park and ride. And, who would have given the brothers a ride from the farm, and why? There's not exactly a taxi or Uber in this part of the world. I'm from there.

It will be interesting to learn if there was anyone else present at the farm when the murders occured. I'm sure a friend of JN's wouldn't appreciate being made into a scapegoat, if they were only a witness or an accomplice after the fact.

 

[S. Gammon]

It will be interesting to learn if there was anyone else present at the farm when the murders occured. I'm sure a friend of JN's wouldn't appreciate being made into a scapegoat, if they were only a witness or an accomplice after the fact.

Once this friend is cleared, I'm sure JN will come up with someone else.

 

[inmyhumbleopinion]

Updated 10 min ago

“Law enforcement agencies from across northwest Missouri appear to be pulling out all the stops in the search for two missing Wisconsin brothers, including utilizing different sets of police dogs.

[SBM]

‘We have a variety of resources available for law enforcement and fire (departments),’ [Missouri Search and Rescue K9 Unit President Robin] Houston said. ‘The type of K9 specialties that we have are air scent lifeline dogs and lifeline trailing dogs.’

‘We also provide human remains detection dogs and then we have an evidence dog that can do firearms detection and things like that,’ Houston said.

[Buchanan County Sheriff Bill] Puett said neither dog unit teamed up with his deputies, who were searching an area off Ayers Road near a barn and cattle pen.

[SBM]

On Monday, Clinton County Sheriff Larry Fish said recent rain hindered the investigation. Houston said rain may have caused problems for dogs that follow a live scent, but wouldn't be a problem for cadaver dogs.

[SBM]

The address being searched is the listed address of Garland Joseph Nelson in a 2015 bankruptcy filing.

[SBM]

Petition filed to declare brothers legally dead

In a court document filed Tuesday, Lisa Diemel, the wife of Nicholas Diemel, asked a judge to declare both Nicholas and Justin legally dead.

In the filing in Shawano County Probate Court, Lisa Diemel is listed as a ‘special administrator.’ The date of death is listed as July 21, the day the brothers missed their return flight to Wisconsin and the day police said the brothers were at the farm in Braymer.

According to the Caldwell County Assessor's office, the property under search in Braymer isn't owned by Nelson, but by a Tomme Sue Feil.”
Wife files petition to declare Diemel brothers legally dead

 

[Mw221]

Updated 10 min ago

“Law enforcement agencies from across northwest Missouri appear to be pulling out all the stops in the search for two missing Wisconsin brothers, including utilizing different sets of police dogs.

[SBM]

‘We have a variety of resources available for law enforcement and fire (departments),’ [Missouri Search and Rescue K9 Unit President Robin] Houston said. ‘The type of K9 specialties that we have are air scent lifeline dogs and lifeline trailing dogs.’

‘We also provide human remains detection dogs and then we have an evidence dog that can do firearms detection and things like that,’ Houston said.

[Buchanan County Sheriff Bill] Puett said neither dog unit teamed up with his deputies, who were searching an area off Ayers Road near a barn and cattle pen.

[SBM]

On Monday, Clinton County Sheriff Larry Fish said recent rain hindered the investigation. Houston said rain may have caused problems for dogs that follow a live scent, but wouldn't be a problem for cadaver dogs.

[SBM]

The address being searched is the listed address of Garland Joseph Nelson in a 2015 bankruptcy filing.

[SBM]

Petition filed to declare brothers legally dead

In a court document filed Tuesday, Lisa Diemel, the wife of Nicholas Diemel, asked a judge to declare both Nicholas and Justin legally dead.

In the filing in Shawano County Probate Court, Lisa Diemel is listed as a ‘special administrator.’ The date of death is listed as July 21, the day the brothers missed their return flight to Wisconsin and the day police said the brothers were at the farm in Braymer.

According to the Caldwell County Assessor's office, the property under search in Braymer isn't owned by Nelson, but by a Tomme Sue Feil.”
Wife files petition to declare Diemel brothers legally dead
View attachment 195908

Incredibly sad for her to have to do that, but Wisconsin statutes require it for her to have access to the business accounts. I am guessing here but I would assume she had to pay employees and keep things running even with all of the horror going on. This poor woman and just so sad for her and the family.