By Keith Skenandore
Garland Nelson, the Missouri man who is charged with the murder of Nick and Justin Diemel, has been bound over for trial.
The preliminary hearing, which was delayed numerous times, and four times this year, was finally held on Thursday, April 16, with Nelson waiving that hearing.
Nelson, who appeared via video, made his waiver before Caldwell County Associate Circuit Court Judge Jason Kanoy.
Nelson will now appear before Judge Brent Elliot where he will enter a plea at his arraignment which is scheduled for May 4 at 9 a.m.
His case was bound over for trial in Caldwell County Circuit Court.
Nelson faces 10 charges, including two of murder in the first degree, for the July 21 deaths of the Diemel brothers of Navarino.
Nick, 35, and Justin, 24 were in Braymer, Mo., to meet Nelson to collect a $250,000 payment related to their livestock cattle business. They did not make their July 21 return flight home.
Authorities said in an affidavit that it is believed that Nick and Justin never left Nelson’s property and were intentionally killed.
According to an affidavit of probable cause filed by the Caldwell County Sheriff’s Office, there was enough supporting facts to charge Nelson with tampering with a motor vehicle, a first-degree felony. He was charged on July 26 and jailed at the Caldwell County Detention Center.
According to the affidavit, Caldwell County Deputy Dennis Lund believes that Nelson drove the rental truck without the Nick Diemel’s consent, the only authorized driver for the rental.
“As part of the missing person investigation during the interview and under Miranda (warning), Garland Nelson admits to driving the 2019 Ford F-250 from the residence of 3321 SE Catawba Road,” Lund said in a court document. “In the rental agreement, Mr. Diemel signed the section as the only authorized driver of the before mentioned truck.”
On Wednesday, July 31 Clinton County Sheriff Larry Fish gave a press conference and said that human remains had been found on the farm in Braymer, Missouri, where Nick and Justin had gone for business.
They were found in a 55-gallon barrel in a pole barn, read the affidavit.
Nelson admitted to burning the remains, crushing the burn barrels, and cleaning up blood in a barn. A DNA match of a blood stain on Nelson’s clothing was that of Nick Diemel.
Remains were also found on a trailer on a ranch in Nebraska. A rancher had recently purchased the trailer from Missouri.
According to court documents, besides the murder charges, Nelson also faces two counts of abandonment of corpse and two counts of armed criminal action. Additonal charges of tampering with physical evidence and unlawful possession of a firearm were filed.
The murder charges are class A felonies which carry a range of punishment of life in prison without parole or death.
Family members of the brothers also filed a wrongful death lawsuit on Nov. 26 seeking damages from Nelson, his mother, Tomme Feil, and J4s Farm Enterprises. Nelson worked for J4s after his mother created the company in mid-2018.