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

[Valiant]

Unless the two victims were truly separated, if the weapon wasn't a gun, how could the perpetrator be sure that one blow would be enough to prevent the first victim from fighting back or at least alerting the other person?

It does depend on the weapon and the strength of the attacker. And how much of a surprise the attack was.
If everyone was really close together, the attack, even with a gun especially a long gun, could be interrupted by one of the victims. The time to grab the gun, shoot one, then shot the second could allow for a counter attack.

 

[CowGirl7822]

More from the charging document in the previous case [names changed to initials by me]:

“17. It was further part of the scheme that beginning in or about June of 2014, defendant Nelson knowingly and intentionally devised a scheme to defraud three farming entities who had left cattle in his care. Defendant Nelson was paid by: (1) A.W. to feed and care for about 69 head of cattle; and (2) Cyclone Cattle Company, LLC (“Cyclone Cattle”), to feed and care for about 577 head of cattle. Thereafter, defendant Nelson commingled these cattle with his own, and he removed identification tags in order to sell livestock undetected. In addition, defendant Nelson commingled these cattle with those owned by his neighbor and landlord, M.S., and he sold some of MS’s cattle as well.

18. It was further part of the scheme that defendant Nelson sold livestock in various locations, including Missouri and Iowa, without always knowing whether he, A.W., Cyclone Cattle, or M.S. owned the cattle he sold. Defendant Nelson deposited checks for the sales into his Pony Express Bank account.

19. It was further part of the scheme that on or about July 17, 2014, Cyclone Cattle sent farmhands to defendant Nelson’s land due to complaints of cows getting into neighboring lands. They found emaciated cows, not properly fed, roaming around together. Many cattle had their identification tags cut out of their ears. Cyclone Cattle could not identify who all the live cattle belonged to. They also found cows that had died with the identification tags cut out, which concealed who the dead cows belonged to. Further, many cattle were missing from Cyclone Cattle, A.W., and M.S. Cyclone Cattle sorted out as many cattle as they could. In the end, some cattle could not be identified, and many others were missing.

20. It was further part of the scheme that Cyclone Cattle is missing 32 yearling steers, 8 cows, and 4 heifers, for a total of 44 head of cattle at an approximate value of $63,000. A.W. is missing 3 cows and 13 calves for a total of 16 head of cattle at an approximate value of $32,000. M.S. is missing 12 calves and 19 cows for a total of 31 head of cattle with an approximate value of $29,000. These private rancher cattle losses total approximately $124,000.”

View attachment 195752 View attachment 195753

[More in a separate post]

Jesus. I wish that had been more clear on his records, or in online reviews or something,... maybe the brothers wouldn't have done business with him then.

 

[CowGirl7822]

You can go here and click on litigant name search, put in Nelson Garland. Get email notifications. BOND DENIED TODAY. Another bond hearing, 8/1 /19 10AM
https://www.courts.mo.gov/casenet/base/welcome.do

He also apparently was stalking someone back in 2015.
Issued To: NELSON , GARLAND JOSEPH Date Issued: 01/22/2015
Document Issued: Adlt Abse-Stlk Ex Parte Order Due Date: 02/03/2015
Document ID: 15-AEOP-13

 

[oceanblueeyes]

The attack could have even been such a surprise that a gun wasn’t needed. For example, the suspect is alone with one victim in the barn, under a ruse of showing him something. Any number of things could be used to bludgeon the unsuspecting victim. Then second victim is called in and bludgeoned.

If it was truly an impulsive killing, the weapon could have been anything, not just a gun IMO.

And I think it was impulsive rather than premeditated because the suspect seems to think he can talk and explain his way out, based on prior behavior.

I agree somewhat.

Imo. It will depend if there were repetitive blows to each one if he used a bludgeoning weapon as you have suggested.

Repetiveness of the murder weapon used is often how the DA helps prove premeditation since each blow requires aforethought.

The same if the victims were repeatedly stabbed to death or shot more than one time.

It's obvious it required premeditation of thought each time it was done.

Whoever was killed last certainly shows that premeditation was involved with his full intention to murder.

As we know premeditation has no specific time interval that must lapse. It only requires aforethought to murder which can be formed in seconds, etc..

We really dont know this murderer's mindset before this happened. He certainly could have been of the mindset beforehand if he was ever caught again doing illegal criminal activity he would make sure the witnesses/victims would never have a chance to testify against him by rendering them dead, and voiceless.

Imo, He sure planned, and carried it out quickly as if he already knew what he was going to do if ever caught again.

Many murderers have premeditated murders before carrying them out in order to keep their dark secrets from becoming exposed, and several have been exfelons who did not want to go back to prison.

So I'm not convinced these were spur of the moment ideas to murders.

I think it's highly likely he had already thought about what he would do if caught again.

Imoo

 

[CowGirl7822]

IMO JN had this planned, especially if he owed them money that he had no intention of paying them. I can't figure out how he could have disposed of their bodies in such a short time frame. According to law enforcement they have not found a trace of the remains. I think that can only mean he used some type of farm equipment to dispose of them or he had help. JMO

They announced now they have found remains, but are waiting on DNA evidence to come back.

 

[CowGirl7822]

Again back to the Avery case and how he disposed of her body. He dismembered her then burned her body. Appr. 40% of Theresa was found as he did not have the same tools as on this farm, ie cutter/chopper. It was believed he used a saw, due to marks on her pelvic bones. It is possible that this occurred here too, dismember and burn. Totally barbaric and is just all wrong as wrong can be. As said before both Avery and now Diemel are too close to home.

I also was thinking this seems eerily similar to the Avery Case.. both in WI too...

 

[oceanblueeyes]

Unless the two victims were truly separated, if the weapon wasn't a gun, how could the perpetrator be sure that one blow would be enough to prevent the first victim from fighting back or at least alerting the other person?

Agree. Whatever weapon he used against both brothers did not give them anytime to react.

I've read it takes 8 seconds for the brain to process what is even happening, and this situation would be even more stressful to process. Many no matter if they are adult men can experience shock ...freezing them in place.

If a firearm was used within 8 seconds it takes the brain to process he could have shot to death many more than 2 if they had been there.

Some seem to think the victims will always fight back, but sadly that is just not the case as we have seen with many of the victims not even having time to defend themselves or they thought trying to reason with the murderer may save their lives.

Imoo

 

[inmyhumbleopinion]

Suspect connected to the disappearance of the missing Diemel brothers, Garland Joseph Nelson, appeared via video link. Hearing lasted 1 min after he told the judge that his attorney couldn’t make it today because he’s handling another case. Next hearing 8/8 at 10am. @41actionnews
Andres Gutierrez on Twitter

ETA: His imaginary attorney? [No attorney listed on case.net]:

https://www.courts.mo.gov/casenet/base/welcome.do

 

[Warwick7]

Monday: Press Conference (offered little)
Tuesday: Remains found
Tuesday: Lisa Diemel requested Judge to proclaim brothers deceased (paraphrasing)
Wed: Press Conference that remains were found.

Human remains found in search for Diemel brothers

Oceanblueyes, I was under the impression it was on Tuesday. I apologize to you if I got it wrong.

Edit: I chose to go and read social media. I feel now, they all knew as of 7/26/19
:0(

 

[Warwick7]

• A final phone call: Rob Chupp, a cousin who also works for the Diemels, tells KMBC that he was the last known person to speak with the brothers at around 11am that Sunday, and that everything seemed fine before their scheduled flight out of Kansas City later that day.

2 'Tough Boys' Visited This Guy's Farm, Never Came Back - news - att.net

If they were located on the farm, then why did it take JN so long to drive the truck to Holt??

 

[oviedo]

Do they have rapid DNA?

 

[Quilter]

Suspect connected to the disappearance of the missing Diemel brothers, Garland Joseph Nelson, appeared via video link. Hearing lasted 1 min after he told the judge that his attorney couldn’t make it today because he’s handling another case. Next hearing 8/8 at 10am. @41actionnews
Andres Gutierrez on Twitter

ETA: His imaginary attorney? [No attorney listed on case.net]:
View attachment 196233
https://www.courts.mo.gov/casenet/base/welcome.do

Well at least we know he isn’t going anywhere for another week. I’ve been curious about his attorney as well. Why wouldn’t he have a public defender at least? And who would’ve drafted the writ of habeas corpus earlier this week? (Update: that was issued by the Prosecuting Attorney) Is there any explanation of him wanting to go it alone?

 

[Quilter]

• A final phone call: Rob Chupp, a cousin who also works for the Diemels, tells KMBC that he was the last known person to speak with the brothers at around 11am that Sunday, and that everything seemed fine before their scheduled flight out of Kansas City later that day.

2 'Tough Boys' Visited This Guy's Farm, Never Came Back - news - att.net

If they were located on the farm, then why did it take JN so long to drive the truck to Holt??

Potentially took gravel roads in an effort to not get pulled over or seen.

 

[Warwick7]

Well at least we know he isn’t going anywhere for another week. I’ve been curious about his attorney as well. Why wouldn’t he have a public defender at least? And who would’ve drafted the writ of habeas corpus earlier this week? (Update: that was issued by the Prosecuting Attorney) Is there any explanation of him wanting to go it alone?

I understood his hearing was only one minute long. He told the Judge his attorney couldn't make it. It is reschedule for Aug 8th.

 

[indicolite22]

• A final phone call: Rob Chupp, a cousin who also works for the Diemels, tells KMBC that he was the last known person to speak with the brothers at around 11am that Sunday, and that everything seemed fine before their scheduled flight out of Kansas City later that day.

2 'Tough Boys' Visited This Guy's Farm, Never Came Back - news - att.net

Can we speculate, based on the known timeline, about the root of the conflict that so quickly escalated into murder? If the brothers were near the end of the farm visit at 11am and everyting seemed fine (as per their employee back home), does that mean that they did not discover that cattle was missing? Even if it had been, JN could have shown them another owner's cattle. Does that mean that the conflict was about money? Did JN anticipate the conflict and had murder in mind from the beginning? Perhaps the investigation will be able to determine that.

 

[Warwick7]

At 12:45 p.m., the truck pulls into the commuter lot at Highway PP and I-35 in Holt. The truck was left running with the keys in the ignition and the lights on. The probable cause statement says Nelson admitted to leaving it there."

"Based on my investigation, I believed Mr. Nelson drove the 2019 Ford F-250 rental truck without the consent of the renter N. Diemel's permission or the Rental companies [sic] permission," reads the probable cause statement."
I call him every morning, I call him every night, I send a Facebook message, I text him, his phone doesn’t go to voicemail, Justin's goes right to voicemail, so I feel like maybe they can ping something off of social media," said Lisa."

Human remains found in search for Wisconsin brothers who disappeared on KC business trip

 

[Warwick7]

JD's phone goes to voicemail:

"If the number you are dialing rings only once and then goes to voicemail, one of two things could be happening: Your number has been blocked or the person's phone is in a bad area or switched off."

"What does it mean when cell phone goes straight to voice mail? Typically this means that the phone is powered off or in an area where that it can't connect to the cell network."
--------------------
ND's phone won't go to voice mail:

These are reasons why it won't go to voice mail. What did the killer do possibly?

• See if you inadvertently switched your phone to mute
• Look to see if you enabled Airplane Mode
• Make sure your phone has service and that you don’t see a “no service” message
• Check your blocked call list
• Turn off silence unknown callers
• Make sure call forwarding is off
• Check if Do Not Disturb is on and if you’re driving (or a passenger) that Do Not Disturb While Driving isn’t on
• If you have an Apple Watch, check that do not disturb is not enabled there
• Look and see if the Phone Setting Announce Calls is set to always
• See if your mobile carrier released an update to their carrier settings

 

[Quilter]

JD's phone goes to voicemail:

"If the number you are dialing rings only once and then goes to voicemail, one of two things could be happening: Your number has been blocked or the person's phone is in a bad area or switched off."

"What does it mean when cell phone goes straight to voice mail? Typically this means that the phone is powered off or in an area where that it can't connect to the cell network."
--------------------
ND's phone won't go to voice mail:

These are reasons why it won't go to voice mail. What did the killer do possibly?

• See if you inadvertently switched your phone to mute
• Look to see if you enabled Airplane Mode
• Make sure your phone has service and that you don’t see a “no service” message
• Check your blocked call list
• Turn off silence unknown callers
• Make sure call forwarding is off
• Check if Do Not Disturb is on and if you’re driving (or a passenger) that Do Not Disturb While Driving isn’t on
• If you have an Apple Watch, check that do not disturb is not enabled there
• Look and see if the Phone Setting Announce Calls is set to always
• See if your mobile carrier released an update to their carrier settings

The cell service can be dicy at times in rural areas. It’s possible for one phone to have service and the other not. That’s my experience anyway.

 

[Turbocharged]

Jesus. I wish that had been more clear on his records, or in online reviews or something,... maybe the brothers wouldn't have done business with him then.

All u have to do is google his full name Garland Joseph Nelson and his federal conviction comes up-he also has a YouTube video about life after Leavenworth

 

[al66pine]

Escalation of Conflict? Or Escalation of Nelson's Fear??

Can we speculate, based on the known timeline, about the root of the conflict that so quickly escalated into murder? If the brothers were near the end of the farm visit at 11am and everyting seemed fine (as per their employee back home), does that mean that they did not discover that cattle was missing? Even if it had been, JN could have shown them another owner's cattle. Does that mean that the conflict was about money? Did JN anticipate the conflict and had murder in mind from the beginning? Perhaps the investigation will be able to determine that.

@indicolite22 Thanks for your post. Good questions.

This post assumes (for sake of discussion) -
1. Nelson was committing fraud against Diemels (which to many of us, seems a certainty, but legally he's IUPGBARD);
2. Prior to July 21, Diemels had not made any unannounced visits to farm.
3. Diemels had not scheduled apptmt for July 21, perhaps not even announced by phone call from airport.
And post does not assume Diemels suspected Nelson of fraud, or if so, not assume they told Nelson of their suspicions.)

From moment they arrived, Nelson was doing mental gymnastics about how to prevent them from discovering his crimes. Even without direct accusations by Diemels, Nelson may have suspected they suspected fraud, and he knew another surprise inspection would unravel everything. He had to prevent that. Nelson's fear escalated, from zero mph pre-visit to Mach 1/speed of sound, when brothers were ready to leave, so he killed them, hid their remains.

Was there conflict?
Did Diemels explicitly voice to Nelson concerns of discrepancies or fraud? Based on employee's recounting of 11:00-ish phone convo w them, no indication of anything awry. If questioned, Nelson may have shown them cattle belonging to others (or otherwise placated them), and they may have been satisfied that everything was hunky-dory and ready to leave. So there may or may not have been conflict.

^All just possibilities.^ jmo