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

[oceanverde]

Man charged in Diemel brothers death investigation appears before judge

 

[inmyhumbleopinion]

IDK, but could he have possibly gotten credit for time served while awaiting trial?

That was the first thing that came to my mind.

Then I saw he was released on personal recognizance the day of his arraignment. If he did not spend any time in custody prior to sentencing, there would be no time served.

Just to kind of review what has been reported so far:
• Judgement:
Total term of imprisonment: 24 months

Ordered to surrender before 2 PM on 11/21/2016

• Actual time in prison:
Date of surrender: 11/21/2016
Date of release: 3/29/2018
= 493 days (approx. 16 months and 5 days)
[I believe “13 months” was first mentioned in the IA Public TV video]
730 - 493 = 237 days (approx. 7 months and 24 days)

So where was Nelson during those 237 days?
Possible explanations:
• Good Time Credit: Maximum of 54 days per year served [assuming that he has a HS diploma or GED; if not, max. of 42 per year served]:
So up to 54 + 19 (pro-rated after the first year)
= Up to 73 days total in reduction;

• Residential Drug Awareness Program (RDAP):
Ineligible for various reasons [I also remember him him lamenting that it wasn’t fair during the IA Public TV interview]:
= 0

• Compassionate Release: Very unlikely to have qualified [“The Bureau of Prison” will only make the motion to a sentencing court in ‘particularly extraordinary or compelling circumstances.’”]
= 0

• Home Confinement: Maximum of 10 % of the term of imprisonment:
730 x .1 = Up to 73 days total in reduction

That still leaves 237 - 73 - 73 =
91 days still unaccounted for.

To make sure I didn’t miss anything, I decided to go over some case documents. Then I noticed Nelson’s address on the docket report. The address it shows is:

29000−045
MEDICAL CENTER FOR FEDERAL PRISONERS P.O. BOX 4000
SPRINGFIELD, MO 65801

So perhaps he was ordered to be hospitalized while out on own recognizance for reasons such as mental competency evaluation, treatment, etc., and was given credit for it?

JMO

 

[J@cknsal1y]

NBC26
A judge has denied bond for a man charged with tampering with a rental vehicle used by two missing Wisconsin brothers.

 

[inmyhumbleopinion]

So....the owner of the car pressed charges or can press charges. I wonder who the car rental company is?
Sounds like the rental truck had excellent GPS tracking.

According to probable cause affidavit, Budget Rent A Car of Kansas City:

Andres Gutierrez on Twitter

 

[Turbocharged]

So....the owner of the car pressed charges or can press charges. I wonder who the car rental company is?
Sounds like the rental truck had excellent GPS tracking.

No the police charged him with that as a means to hold him until they found more to charge him with-the Ford was in Nick Diemel name so he didn’t give permission or press charges because he’s missing/deceased

 

[al66pine]

PRESSER w LE investigating suspected deaths of Diemel brothers.
4:30pm CenTime, ~ one hour from now.
(5:30 East, 3:30 Mt, 2:30 Pac, got it? Everyone else: Time Zone Converter - Online Converter )

Anyone have livestream link(s) for presser, assuming it will be streamed?
Local-ish? Kansas City? Or? Thx in adv.

 

[charminglane]

This is all so sad I just can't stand it.

 

[GordianKnot]

According to this article, 4:30 p.m.
Judge denies bond for man accused in disappearance of Wisconsin brothers

RSABBM:
“I’m not going to say that I didn’t sell some of the cattle that were on my loan note, because we did,” Nelson said. “But we didn’t sell them to go buy a trip to Hawaii or anything like that.

“I thought well, at the worse case scenario, I’ve done something where I’ve broke a rule on a loan. Didn’t commit a crime. I didn’t go out and rob a bank or anything like that. I broke a contract. Well, not when it’s federal. You’ve committed some sort of fraud. They said that I set out from day one to do this. Well I can tell you from day one that I didn’t know what I was doing."

A federal judge in Kansas City said he was going to make an example of Nelson to the agricultural community, and sentenced him to 24 months in Leavenworth Federal Penitentiary.

He was released in March 2018.
_____________________________

Thanks for linking this article and providing the time for today's presser, oceanverde!

That article, along w/ the Life After Leavenworth video, really provide so many creepy insights into the completely amoral way in which this guy's mind works.

Since I just mentioned it, here's the link to the "Life After Leavenworth" piece again.
It's well worth watching:

This guy reads like a textbook sociopath.
The way he glibly justifies all of his wrong, illegal, immoral and harmful actions is stunning.

He very cunningly defends his illegal, fraudulent activities by framing fraud as simply being the lesser of two evils.
To hear him tell it, he was faced with a profound moral dilemma, i.e., he had to either commit fraud or let the cattle starve to death.
Had to be one or the other: there was no other solution.

Or so he would have everyone believe.

I ain't buying it.

JN didn't commit fraud b/c he cared about starving cattle.
He cared about the lining of his own pockets.

He also completely dismisses his bad acts because, y'know, they were committed against the federal government, and as we all know, committing fraud against Uncle Sam ain't like robbing a bank or anything.
It's just breaking a contract is all.

And, oh, yeah, he didn't take a trip to Hawaii with his ill-gotten gains. So there's that, too.

I'm not sure how he will rationalize the murder of these 2 men, but I have zero doubt there's some sort of false justification coming.

I wouldn't be at all surprised to see him go for a claim that it was self-defense.
I can hear the "It was 2 against 1, and I panicked" story ringing in my ears now.

Guy gives me the willies.

Tragically for the Diemels, it turns out that "life after Leavenworth" was no different for this evil moron than life before Leavenworth, unless you count him going from being a bad man to an evil monster.

Let Justice Roll Down Like Waters....

All of the Above: JMO.

 

[oceanverde]

Kansas City News, Weather and Sports - Missouri News - KMBC Channel 9 will be carrying it live according to Emily Holwick KMBC on Twitter

PRESSER w LE investigating suspected deaths of Diemel brothers.
4:30pm CenTime, ~ one hour from now.
(5:30 East, 3:30 Mt, 2:30 Pac, got it? Everyone else: Time Zone Converter - Online Converter )

Anyone have livestream link(s) for presser, assuming it will be streamed?
Local-ish? Kansas City? Or? Thx in adv.

 

[inmyhumbleopinion]

I checked with the Caldwell County Courthouse today. No new charges filed against Garland Joseph Nelson. He is accused of driving the rental truck of the brothers and leaving it in Holt the day they disappeared.
3 min. ago
Bianca Beltrán on Twitter

 

[inmyhumbleopinion]

We are now standing by for a press conference scheduled for 4:30pm at Braymer High School. We are expecting to learn more about the investigation.

7 min. ago
Bianca Beltrán on Twitter

 

[TDoc72]

I’m at work. Would someone be willing to summarize the PC? I’d really appreciate it.

 

[oceanblueeyes]

This is all so sad I just can't stand it.

It truly is a gutwrenching case.

I wish more than anything these two young brothers' bodies can be found, and returned to their loving shattered family.

I know LE has charged this horrid man with another crime in order to hold him while they search for more evidence they need to charge him with double homicide, but right now I just wish they could be located. I have no doubt justice will come in due time.

Right now more than anything it's important for them both to be found to give their families a chance to properly bury them.

Not locating them has to be ripping out the hearts of all who greatly loved these two young men.

Why does it seem more, and more very good people are being brutally murdered when they happen to cross the path of pure evil?

So many cases are where the victims where known as kind, decent, upstanding, hard working individuals.

Fgs, these brothers were giving this man a chance to also make money, and this is how he repaid them both for their generosity. Sigh.

I'm sure many other small farmers would have jumped at the chance to take care of their cattle, and would have appreciated them for selecting them in doing so in order to also help them out financially, and have more security for their own families on small farms.

It's so sad, and tragic for these two hard working young brothers, and their family.

It absolutely breaks my heart too. The pain, and suffering for their family though will go on forever neverending. I pray for them all.

Jmho

 

[GordianKnot]

I’m at work. Would someone be willing to summarize the PC? I’d really appreciate it.

Yep, will do. Gotcha' covered, TDoc!

For everyone else, here's a link to the live feed for the LE presser about to start:

e239f267b49c41e4aa2ca496c6bf7899.m3u8

 

[inmyhumbleopinion]

Residents are showing up for the press conference.
3 min. ago
Bianca Beltrán on Twitter
5 min. ago

ETA: The reporter will probably be live-tweeting throughout the press conference.

 

[Simply Southern]

Residents are showing up for the press conference.
3 min. ago
Bianca Beltrán on Twitter
5 min. ago

ETA: The reporter will probably be live-tweeting throughout the press conference.

It appears to be live feed from this Twitter account.

 

[inmyhumbleopinion]

A large number of people in Braymer have shown up for the press conference for Nick and Justin Diemel

2 min. ago
William Joy on Twitter

 

[Gardenista]

They started early

KMBC 9

 

[inmyhumbleopinion]

Starting now:
KMBC 9 News at 4 pm

 

[iongaze]

No new info. How frustrating.