The sentencing of David Wayne Nelson was scheduled for March 7, 2017 and started at 1:45 P.M. and presided over by Judge Ray Dayton. Mr. Nelson had previously pleaded guilty to two counts of deliberate homicide in connection with the deaths of Beverly Giannonatti and Gregory Giannonatti.
Mr. Lewis Smith, on behalf of the State of Montana, called Sheriff Scott Howard to the stand. Sheriff Howard testified as to the crime that was committed and his investigation that led to Mr. Nelson. He also testified of his subsequent follow up and details of the events. Sue Carol who did the presentence report did not testify. Attorney Michael Grayson, who is the attorney for the estates, read into the record, a letter submitted by Bernadine Johnson, who is the sister and aunt of the Giannonatti’s . Judge Dayton acknowledged and addressed concerns in the letter. The State called no further witnesses.
There was no evidence or witnesses on behalf of the Defendant. Mr. Nelson then addressed the Court and to the families and friends of the Giannonatti’s and his own wife and family by saying…. “there are no words to ease your pain, suffering and anger and I will pray and continue to pray for all and that’s all I can do…I’m sorry.”
Mr Smith then gave information on the sentencing and restitution of funeral and burial expenses and restitution to Grizzly Gold & Coin and asked Judge Dayton to follow the plea agreement. Mr. Walter Hennessey then spoke on behalf of the defendant and said that they concurred with the plea agreement and also agreed with the Sheriff and the County Attorney that Mr Nelson will most likely only leave the Montana State Prison in a casket.
Mr. Nelson, together with his attorneys then stood before the Court. Judge Dayton spoke before pronouncing sentence, telling of his concern about Mr. Nelson ever getting out of prison,. Judge Dayton then asked if the defendant and his attorneys would agree that there be a parole restriction so that the defendant serve the full 30 years before he can be considered for parole and they all agreed that they would.
Judge Dayton then set out the reasons for the parole restrictions, about the brutality of the crimes against Beverly and Gregory, just to cover up his theft of the silver bars that belonged to Greg, and that no sentence can compensate for their pain and suffering during those times. Judge Dayton then sentenced Defendant Nelson to the Montana State Prison for a term of two (2) life sentences, expressly to not be eligible for parole for thirty (30) years and to be served concurrent to each other and consecutive to the Ravalli Co. sentence. Restitution is to be made for funeral and burial expenses in the amount of $7,000 and to Grizzly Gold & Coin for $1545 for the silver bar belonging to Gregory Giannonatti that is still in their possession and will be returned to the Estate, plus court costs. Defendant Nelson then signed a document that he will not apply for any sentence review. The Court was then adjourned and Mr. Nelson is remanded to the custody of the Sheriff and will be transported to the Montana State Prison.