Man charged in Diemel case bound over for arraignment

Garland "Joey" Nelson

CALDWELL COUNTY, Mo. (WBAY) - A man charged in connection to the disappearance of two Shawano County brothers has been bound over for arraignment.

On Monday, Garland "Joey" Nelson appeared before a judge in Caldwell County, Missouri, and waived his preliminary hearing. Nelson was bound over for a formal arraignment on Oct. 7. An arraignment is when a defendant enters a plea of "guilty" or "not guilty" to the charges against him.

Nelson is being held without bond in a Missouri jail on a vehicle tampering charge related to the July 21 disappearance of Nick and Justin Diemel of Shawano County.

The Diemel brothers' last known location was Nelson's sprawling farm in Braymer, Missouri. The Diemels owned a livestock business in Bonduel and did business with Nelson.

Human remains were found on the Nelson farm, but they have not been identified. Action 2 News has reached out to investigators in Missouri, but have not received a response.

Investigators in Missouri say the Diemel brothers are presumed dead.

Lisa Diemel, the wife of Nick Diemel, posted a message on Facebook Monday night thanking people for their support. "To those that have reached out, know all of your kind words are heard and continue to help us stay strong." She also thanks the law enforcement, volunteers and people of Missouri for their "tireless commitment to Nick and Justin, as well as our family."

A probable cause statement obtained by Action 2 News says Nelson admitted driving Nick Diemel's rental vehicle from his Braymer home and parking it in a commuter lot on Interstate 35 and Highway PP in Holt. Holt is about 40 miles southwest of Braymer.

Here's the timeline, according to the probable cause statement:

GPS information shows the Diemel's rented 2019 F250 Ford truck left a hotel in Cameron, Mo., at about 8:49 on the morning of July 21. They traveled east on Highway 36. At about 9:26 a.m., the rental truck pulls into Joey Nelson's driveway on Catawba Road in Braymer.

At 11:44 a.m., the rental truck leaves Joey Nelson's property.

At 12:18 p.m., the truck is recorded on a security camera at Casey's General Store in Polo. The truck is driving south on Highway 13. Security camera video shows no passenger in the front seat.

At 12:19 p.m., the rental truck is captured on security camera of a Hy-Klas Foods. It's going west on Highway 116. Again, video shows no passenger in the front seat of the truck.

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.

On July 30, human remains were discovered on Nelson's 74-acre farm in Braymer. They have not yet been identified. Law enforcement is working with forensic experts to find out if these remains belong to the Diemel brothers.

No charges have been filed related to the remains found on Nelson's property.

Nelson is facing separate charges in Bourbon County, Kansas, related to treatment of livestock. The charge is Endangering the food supply; Bring domestic animal infected with disease.

Action 2 News spoke with farmer David Foster, owner of Cash Cow Enterprises in Fort Scott, Kansas. Foster said Nelson raised cattle for him. As the business deal soured, the cattle were returned to Foster in poor condition.

"Mine were returned, they were malnourished, starved, I mean skin and bone," says Foster. "I had to help pick the calves up off the ground, onto the trailer, just so I could move them off my property."

Foster says he spoke with Nick Diemel several times and they shared frustrations about business dealings with Nelson.

"I had talked to Nick multiple times prior to him going missing," says Foster. "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 started looking into Nelson's history. He discovered Nelson had spent two years in federal prison for fraud.

"I started doing all my own research. It didn’t take very long to find, oh, he’s already been in prison for 18 months or something like that. And so after he had dumped the cattle on my property, that’s when I really started diving in. Like, hey this is the last straw, this isn’t right, something is definitely wrong," says Foster. CLICK HERE for the full story.

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