GUILTY MO - Nicholas, 35, & Justin Diemel, 24, brothers missing, Clinton County, 21 July 2019 *ARREST* #2

[al66pine]

....
Yes we for the most part learn the outcome of most calls right away. Very sensitive calls, we only get parts. ....We do have repeat calls and those flag in the system and we let responders know. When there are repeat calls, its usually a whole different story....[/QUOTE]@Lisamay911 Thx again. ^sbm

Examples of very sensitive calls? Thx in adv.

 

[LisaMay911]

Murder/Rape/Child Abuse etc... generally speaking, ones the detectives get involved with immediately. Sometimes the less we know the better in the long run. Leaks and privacy, need to know basis only kind of stuff.
Edit: Sometimes the silliest calls turn into the biggest ones. So sometimes we never know until it hits the news. Never know what officers are going to uncover... like say for instance welfare checks.

 

[Beaumont]

@Beaumont Like you, I am upset about this too. You're right; when I'm on the keyboard, I can make really BIIIIIIIG typos. Yes, should be --- Foster to buy, Nelson to raise.
Do we have a handle on timing of these events? When, what month ---
1. did Foster & Nelson make contract re calves? Link?
2. did Foster borrow money from bank for calves deal? Link?
3. did Foster see Leaving Leavenworth? Link?
4. did Foster record phone conversations w Nelson? Link?
5. did Foster contact bank re his concerns? Link?
6. did Foster make first complaint to Bourbon County sheriff? Link?
7. were calves delivered to Foster's? Link?
Foster may have mentioned one of these ^ months in the KC TV station interview, but I'm having a hard time figuring out what happened when.

I have the sense that Foster did not become seriously concerned until April or May about calves' status or Nelson's evasive/objectionable behavior and then thought he should take action. If so, seems like most of the calves' deterioration had already occurred, so, very late. Poor calves. A terrible thing to deal with.
Was Foster able to restore some/any of these calves to reasonable health? To sell at auction?

@al66pine

Hi, I believe most of your questions can be answered in the Entire Segment I posted. Make sure you watch that one, its the only Full Episode. That one played live that night but for some reason it wasn't easily found online. That took me a few days to get to!

Some of the documents were shown. I'd have to look again to see if there was paperwork shown on all the times LE was contacted and the Prosecutor in his wisdom deemed it a Civil Matter. Unbelievable??

That Should Be Public Record From Bourbon Co, KS.

I don't know if any or all of the calves that JN dropped off at Foster's Dairy Farm were able to be saved or not. From the interview it looked and sounded pretty grim and Really Grim after seeing the Gingrich interview.

I'm not sure which sale barn he uses, it could of been MO-Kan in Bates County, but that's just a guess. It is close to Drexel, MO where TSF has ties.

 

[al66pine]

Trucking Cattle Across State Lines - Inspection?
Cattle folks - help me out, pls. When a livestock truck containing 30+ cattle crosses state lines, is an inspection required? \
1. Who? By a private vet? By a st. agri. agent? By fed ag/USDA?
2. When is it supposed to take place?
3. Where? At farm, before being loaded onto truck? At state line? At receiving farm?

Or would no inspection like this ^ be needed for 30+ calves bring trucked from a northern MO county to Ft. Scott Kansas?

Any links to other fed. or st. websites, or other websites, re this?
From info below, I'm not getting nitty-gritty answers to my questions ^.
"Cattle
For interstate movements, all cattle 2 years of age or over, except steers and spayed heifers, must be individually identified (see the section entitled “Current Animal Identification”) and accompanied by a Certificate of Veterinary Inspection or other document. Exceptions apply to certain movements, such as when there is no change of ownership or movements to certain stockyards or slaughtering establishments. Check with your APHIS –VS District Office or your State animal health official. Contact information for them is contained in Appendixes 2 and 3."\
^ USDA APHIS | Interstate Movement of Cattle, Horses, Swine, Sheep and Goats
"A certificate must show
Individual animal identification numbers including: the official eartag number(s), breed association registration tattoo or brand numbers, breed association registration number and any other official individual identification on each animal to be moved."
USDA APHIS | Interstate Movement of Cattle, Horses, Swine, Sheep and Goats
etc, etc, etc.

 

[Warwick7]

Missing Diemel Brothers’ Business Described By Wisc. Auction Manager

 

[al66pine]

@al66pine
Hi, I believe most of your questions can be answered in the Entire Segment I posted. Make sure you watch that one, its the only Full Episode. That one played live that night but for some reason it wasn't easily found online. That took me a few days to get to!
Some of the documents were shown. I'd have to look again to see if there was paperwork shown on all the times LE was contacted and the Prosecutor in his wisdom deemed it a Civil Matter....

@Beaumont hello. Thx for post. bbm^ sbm.
Re vid in post 185(?). I've watched the referenced 6 min+ vid multiple times and am not getting specific months for some of my questions. I cannot see any dates on the doc's they held up, except USDA May 31 letter. Below, bolding the season and months referred to in vid.
~ 1:30 ----"Last spring" F & N met thru metal bldg co, Cash Cow.
~2:15 --- N convinced F to buy refer trucks.
~2:40 ---Sept, Oct, Nov. N made ^ paymts ok.
~2:45 --- F & N made cattle deal.
~2:45 ---N stopped making payments.
~3:15 --- contract/arrangemt, re weaning time & selling.
~3:30 -- F started recording phone convo's.
~4:00 --- F heard Diemels'. name.
......................F was ready to meet face to face, count cattle.
~4:20 ----N delivered 35 of 131 cattle.
.................May 31 letter/report x USDA inspector. < from letter date.
~5:00 ----F learned of N' conviction.
~5:15 ---- N in old post- Leavenworth interview - broke a loan rule, not a crime.
~5:25 ----F learned of N's sep deal w Diemels.
~5:40 --- F shared info w LE. LE still investigating.
~ 6:15 -- Reporter had convo w Bourbon Co. sheriff, who said he/dep's
...............followed up on complaint 10 times.

Briefly, I wonder what was edited out or was presented in non-chrono order.
Did I miss any ref's to season or months?

 

[al66pine]

dbm

 

[al66pine]

dbm

 

[cass523]

Trucking Cattle Across State Lines - Inspection?
Cattle folks - help me out, pls. When a livestock truck containing 30+ cattle crosses state lines, is an inspection required? \
1. Who? By a private vet? By a st. agri. agent? By fed ag/USDA?
2. When is it supposed to take place?
3. Where? At farm, before being loaded onto truck? At state line? At receiving farm?

Or would no inspection like this ^ be needed for 30+ calves bring trucked from a northern MO county to Ft. Scott Kansas?

Any links to other fed. or st. websites, or other websites, re this?
From info below, I'm not getting nitty-gritty answers to my questions ^.
"Cattle
For interstate movements, all cattle 2 years of age or over, except steers and spayed heifers, must be individually identified (see the section entitled “Current Animal Identification”) and accompanied by a Certificate of Veterinary Inspection or other document. Exceptions apply to certain movements, such as when there is no change of ownership or movements to certain stockyards or slaughtering establishments. Check with your APHIS –VS District Office or your State animal health official. Contact information for them is contained in Appendixes 2 and 3."\
^ USDA APHIS | Interstate Movement of Cattle, Horses, Swine, Sheep and Goats
"A certificate must show
Individual animal identification numbers including: the official eartag number(s), breed association registration tattoo or brand numbers, breed association registration number and any other official individual identification on each animal to be moved."
USDA APHIS | Interstate Movement of Cattle, Horses, Swine, Sheep and Goats
etc, etc, etc.

Yes, You are correct, an inspection was required to move the calves

It was noted in the report by the inspector who went to Foster's farm on May 19th.
"No CVI (A certificate of veterinary inspection) was on file for the movement of the animals from Missouri to Kansas."

 

[cass523]

@Beaumont hello. Thx for post. bbm^ sbm.
Re vid in post 185(?). I've watched the referenced 6 min+ vid multiple times and am not getting specific months for some of my questions. I cannot see any dates on the doc's they held up, except USDA May 31 letter. Below, bolding the season and months referred to in vid.
~ 1:30 ----"Last spring" F & N met thru metal bldg co, Cash Cow.
~2:15 --- N convinced F to buy refer trucks.
~2:40 ---Sept, Oct, Nov. N made ^ paymts ok.
~2:45 --- F & N made cattle deal.
~2:45 ---N stopped making payments.
~3:15 --- contract/arrangemt, re weaning time & selling.
~3:30 -- F started recording phone convo's.
~4:00 --- F heard Diemels'. name.
......................F was ready to meet face to face, count cattle.
~4:20 ----N delivered 35 of 131 cattle.
.................May 31 letter/report x USDA inspector. < from letter date.
~5:00 ----F learned of N' conviction.
~5:15 ---- N in old post- Leavenworth interview - broke a loan rule, not a crime.
~5:25 ----F learned of N's sep deal w Diemels.
~5:40 --- F shared info w LE. LE still investigating.
~ 6:15 -- Reporter had convo w Bourbon Co. sheriff, who said he/dep's
...............followed up on complaint 10 times.

Briefly, I wonder what was edited out or was presented in non-chrono order.
Did I miss any ref's to season or months?

I will see if I can find some dates tomorrow on what you wrote. I did see the date on the calves contract in the Foster video. (Attached)

Wisconsin Interstate Certificate of Veterinary Inspection
The purchase/transport of the calves (3o is written in the box for total purchased or inspected) and dated 11/15/18

The agreement between JN and Gingrich did not have a written contract
"Gingrich and Nelson verbally agreed on terms."

Landowner says suspect in death investigation starved more than 150 cattle to death

 

[imstilla.grandma]

Farmer's chilling story sheds light on man arrested in Diemel case

 

[al66pine]

Sequence of Events
Thurs May 30 (?) vet inspected calves at Fosters farm.
Fri May 31 vet dated his report/letter re ^.

When did Foster 1st complain to Bourbon County sheriffs office?
Was it before or after vet inspection & report?
When was 2nd complaint? 3rd? 4th 5th 6th 7th 8th 9th 10th?

Sun July 21 Diemel brothers went missing.

 

[Teleah Smith]

@Beaumont hello. Thx for post. bbm^ sbm.
Re vid in post 185(?). I've watched the referenced 6 min+ vid multiple times and am not getting specific months for some of my questions. I cannot see any dates on the doc's they held up, except USDA May 31 letter. Below, bolding the season and months referred to in vid.
~ 1:30 ----"Last spring" F & N met thru metal bldg co, Cash Cow.
~2:15 --- N convinced F to buy refer trucks.
~2:40 ---Sept, Oct, Nov. N made ^ paymts ok.
~2:45 --- F & N made cattle deal.
~2:45 ---N stopped making payments.
~3:15 --- contract/arrangemt, re weaning time & selling.
~3:30 -- F started recording phone convo's.
~4:00 --- F heard Diemels'. name.
......................F was ready to meet face to face, count cattle.
~4:20 ----N delivered 35 of 131 cattle.
.................May 31 letter/report x USDA inspector. < from letter date.
~5:00 ----F learned of N' conviction.
~5:15 ---- N in old post- Leavenworth interview - broke a loan rule, not a crime.
~5:25 ----F learned of N's sep deal w Diemels.
~5:40 --- F shared info w LE. LE still investigating.
~ 6:15 -- Reporter had convo w Bourbon Co. sheriff, who said he/dep's
...............followed up on complaint 10 times.

Briefly, I wonder what was edited out or was presented in non-chrono order.
Did I miss any ref's to season or months?

"Basically, I cut off all ties with Joey, I think it was May 16th, is the last text that I sent him, of this year, we had done business since May 11th, of 2018," says Foster. "That was the first contract that he signed here at my farm, in Kansas, to do some business together."

"The last time I talked to Nick was July 5th, and then the previous time I had talked to him before that, I remember him saying that he had told Joey to sell the cattle to send him a check." Foster continues, "Then this last time I said, 'Well did you ever get a check or did you get paid?' And he said, 'Oh, they sent me a check but it wasn’t any good.' Something like that. Farmer's chilling story sheds light on man arrested in Diemel case

 

[cass523]

Sequence of Events
Thurs May 30 (?) vet inspected calves at Fosters farm.
Fri May 31 vet dated his report/letter re ^.

When did Foster 1st complain to Bourbon County sheriffs office?
Was it before or after vet inspection & report?
When was 2nd complaint? 3rd? 4th 5th 6th 7th 8th 9th 10th?

Sun July 21 Diemel brothers went missing.

I apologize, for some reason I wrote the date of May 19th on my post. It should have been May 31st, as the date for the USDA inspection.

 

[sluethlocal]

I taken a little time to attempt to put together a timeline. I know many of have so many questions. I have only listed what has been reported by LE and Media outlets. Hopefully between today's date and the 16 Sept Preliminary hearing we learn more facts from LE. If anyone would like to clarify or add to this please do.

Timeline
20-Jul
ND and JD departed WI and Arrived KC
Rented F-250 Black Club Cab Truck(By some reports in regards to color of vehicle)
Was said to of met with farmers in Clinton/Caldwell county mo. (No names Provided as of this moment)
Spent night in Quality Inn, in Cameron MO. (Unsure of time of check-in)
21-Jul
8:55 ND had conversation with LD.
9:30 ND and JD arrive JN/TSF farm approx 0930. (Knowing the area this seems reasonable a little quick though)
11:00 ND talked to employee (No sign of distress or anything was wrong)
11:45 JN departed TSF farm with ND and JD Rental Vehicle caught on security cameras Polo, MO (route most likely took was Mo116 to Mo 13 to Mo 116 at Polo and then south on I-35 to Holt, Mo exit
12:45 Arrived at Holt MO commuter lot, noted by GPS tracking device on rental I-35 and PP Junction
13:50 Scheduled ND,JD departure from KC International Airport
15:00 Someone has noted that an investigation was started at this time into the location of ND/JD.
15:00-23:59 Presumably based from reports by LE and TSF, Police were at TSF farm when TSF returned from trip to Branson with family. They were speaking to JN about what information he knew at this time.
22-Jul
Caldwell County Sheriff's office notified Clinton County Sheriff's office concerning ND/JD rental vehicle
in parking lot I-35 and PP Holt Mo.
15:00 Clinton County Sheriff office supposedly opened an investigation at this time.
26-Jul
JN Warrant issued and delivered arrest is made.
Life After Leavenworth: A Cattle Producer Shares His Story IPTV story (Pertains to Character of JN.)
29-Jul
Bond denied for Braymer man charged with stealing missing brothers' truck
31-Jul
Human remains found on Missouri farm where brothers were last seen, police say,
1-Aug
JN makes court appearance on “felony tampering with a motor vehicle” charge (Mother of man charged in missing brothers case speaks out)
6-Aug
KCTV 5 Foster Video New details on the man charged in the missing brothers case (Pertains to Character of JN.)
8-Aug
JN the man charged in Diemel brothers case makes court appearance
10-Aug
Wisconsin judge declares Diemel brothers “Legally Dead”
14-Aug
(Gingrich Video)Landowner says suspect in death investigation starved more than 150 cattle to death (Pertains to Character of JN.)
15-Aug
JN the man charged in Diemel brothers case appears in court
16-Sep
Preliminary Hearing Scheduled 1000 am Caldwell County Couthouse

 

[sluethlocal]

Just my inquisitive nature here. What happened on the 20th may be relevant to the case. We are not aware of whom ND and JD were meeting with. The reason being is possibly ND and JD were receiving info from locals like Foster and Gingrich among others. Another issue just sticks with me and has not been released, Where did the cell phones go and what info did LE request from cell phone companies. All of us can be tracked by our cell phone used or not. God Bless us all to find the truth. In respect to the loved ones lost. Only Questions here and your thoughts are much greatly appreciated.

 

[Goldenyears99]

Garland Nelson faces new charge in Bourbon County Kansas

Criminal Animal Abuse Case? Jurisdiction Issue

cass523 Thanks for your post. What an awful situation. It seems like clear cut animal abuse to us, from info we have read, seen, heard.

Does Foster wants Bourbon County Sheriff & prosecutor to bring charges against Nelson for criminal animal abuse? if so, jurisdiction is a major obstacle - maybe a concrete wall - for them in Kansas. Why?

Foster tells LE: Soon after calves were delivered to him at Ft. Scott/Bourbon County, Kansas farm in May, he had a vet examine them. In detailed report, vet found they had not been fed properly, etc. So Foster has some evidence that he was not responsible for malnourishment, so must have happened before he got them.
Let's say, Bourbon County Sheriff & prosecutor listen to Foster, see the calves, see contracts & documentation, and believe what is said about his arrangement/contract w Nelson, that Nelson was supposed to raise the calves, and they agree Nelson failed to feed adequately, to such an extent that Nelson's actions or inaction constituted animal abuse, under Kansas law.
Here's the jurisdiction problem w the ^: the criminal abuse happened in Missouri, and they have no jurisdiction to investigate & prosecute crimes occurring in another state. if the crime happens outside their jurisdiction, they could provide info to LE in county & state where it happened, but I cannot see animal abuse charges being brought in KS. ^imo

If Foster wants Bourbon County KS sheriff & prosecutor to bring charges for criminal fraud, jurisdiction, evidence, & other issues get {{{ETA: waaaaaaaay}}}} more complicated, imo.

If Foster wants to file a civil suit for breach of contract action or fraud against Nelson, he can, and for those actions his burden of proof to win - preponderance of the evidence - would be less onerous than for prosecutor in criminal case - beyond a reasonable doubt. The catch? No deep pockets to pay a judgment, hardly any pocket at all, on Nelson, who is already bogged down w earlier order to pay restitution in connection w his criminal conviction for fraud. ^jmo^

Sad, sad, sad for everyone, esp the Diemels family.

 

[Goldenyears99]

New Attorney added on casenet !!
19CL-CR00242 - ST V GARLAND JOSEPH NELSON

08/16/2019 Note to Clerk eFiling
Filed By: STEPHEN PAUL SOKOLOFF
Entry of Appearance Filed
Filed By: STEPHEN PAUL SOKOLOFF

SOKOLOFF , STEPHEN PAUL , Assistant Prosecuting Attorney
DUNKLIN COUNTY COURTHOUSE
P O BOX 721
KENNETT, MO 63857-2056

Interesting due to distance between Caldwell and Dunklin counties.

 

[al66pine]

Garland Nelson faces new charge in Bourbon County Kansas

@Goldenyears99 Thanks for your post and link.
Glad to see this. From the text in above link:
"....Garland Joey Nelson has been charged in Bourbon County Kansas for transporting diseased animals across state lines and endangering the food supply....
"A USDA inspector noted that the calves were under weight, emaciated and thin and that most calves had ringworm. Transporting diseased animals across state lines violates USDA regulations...
"...charged with a class A misdemeanor...scheduled to appear in Bourbon County on September 4th." bbm

I figured animal cruelty/abuse charge would be difficult, a concrete wall, did not anticipate what charge could be brought against Nelson for those actions. That's why I was asking about whether an inspection was required for transporting the calves from MO farm to KS farm.
It's a start. Hoping there are more charges coming. Soon.

 

[Challenger/Deere]

New Attorney added on casenet !!
19CL-CR00242 - ST V GARLAND JOSEPH NELSON

08/16/2019 Note to Clerk eFiling
Filed By: STEPHEN PAUL SOKOLOFF
Entry of Appearance Filed
Filed By: STEPHEN PAUL SOKOLOFF

SOKOLOFF , STEPHEN PAUL , Assistant Prosecuting Attorney
DUNKLIN COUNTY COURTHOUSE
P O BOX 721
KENNETT, MO 63857-2056

Interesting due to distance between Caldwell and Dunklin counties.

MAPA

 

[al66pine]

New Attorney added on casenet !!
19CL-CR00242 - ST V GARLAND JOSEPH NELSON
08/16/2019 Note to Clerk eFiling
Filed By: STEPHEN PAUL SOKOLOFF
Entry of Appearance Filed
Filed By: STEPHEN PAUL SOKOLOFF
SOKOLOFF , STEPHEN PAUL , Assistant Prosecuting Attorney
DUNKLIN COUNTY COURTHOUSE
P O BOX 721
KENNETT, MO 63857-2056
Interesting due to distance between Caldwell and Dunklin counties.

@Goldenyears99 Thanks for info. Yes, interesting.
Here's more.
-------------------------------------------------------------------------------
(no date for info given)
Peer Reviews. 4.4/5.0 (0)
Areas of Practice (9)

• General Civil Trial Practice
• Personal Injury Law
• Workers Compensation Law
• Casualty Insurance Law
• Commercial Law
• Corporation Law
• Municipal Law
• Family Law
• Probate Law

University Attended: Pace University, B.A., 1978
Law School Attended: University of Missouri at Columbia, J.D., 1979
Year of First Admission: 1979
^ Stephen Paul Sokoloff Lawyer Profile on Martindale.com
--------------------------------------------------------------]
no date
Stephen P. Sokoloff is a Lawyer in Missouri, Jefferson City.
PO Box 899
Jefferson City, MO 65102-0899
Cole County
^ Stephen P. Sokoloff - Lawyer in Jefferson City, Missouri (MO) Cole County - legaldirectories.com
------------------------------------------------------------------------
Missouri Department of Public Safety
Deputy Director · March 1, 2015 to present · Jefferson City, Missouri
Dunklin County Missouri
Prosecuting Attorney · January 1990 to present · Kennett, Missouri
^ Stephen P Sokoloff facebook

 

[al66pine]

MAPA

@Challenger/Deere. Thanks for your post.
Re Sokoloff, from link:
"He previously served as the elected Prosecuting Attorney of Dunklin County, Missouri from 1990 through 2014."
And much more there too.