FAIRWAY, KS (KCTV) — Local 5’s Missouri affiliate, KCTV says a wrongful death lawsuit has been filed in connection with the deaths of two brothers from Wisconsin. Among those named in the lawsuit is the mother of the man charged with murdering Nick and Justin Diemel.
Human remains were found in November on a farm near Braymer, Missouri, that was operated by Garland Nelson.
Members of the Diemel family filed 12 different claims of negligence, fraud, and other misrepresentations that led to the brothers’ deaths. The lawsuit claims Nelson should not have been buying or selling cattle after his past convictions for cattle fraud and misusing government loans.
As KCTV5 News reported this summer, Nelson was trading livestock in Missouri and Kansas. Hundreds died in his care, often starving to death.
However, Nelson doesn’t own his company called J4s. Nelson’s mother Tomme Feil is the owner of the family cattle company, and the lawsuit claims the company is negligent because: “J4s and Feil knew or should have known that allowing Nelson to return to the cattle business created an unreasonable risk of harm to others, including [the Diemel brothers].”
The lawsuit claims many of the company’s dealings with the Diemels were fraudulent. Investigators told KCTV5 News that Nelson owed the Diemels $250,000 from a deal he made with the Wisconsin cattlemen, and that the Diemels had come to Missouri to sort things out. The lawsuit claims the Diemels expected to collect a check but that “the J4s Defendants knew the foregoing factual representations were false.”
The Diemel family’s attorney also wrote that Nelson actively concealed that he was broke and couldn’t pay the money. Plus, “That Nelson intended to kill Decendents if they came to Missouri to collect the payment for the cattle.”
Since Nelson’s mother owned the company, the lawsuit says she is liable and had a duty to warn them they could be in danger.
A few weeks ago, KCTV5 News also reported that a trailer sold to a Nebraska farmer was found with more of the Diemels remains. KCTV5 reached out to Nebraska law enforcement for an update on who sold that trailer but hasn’t heard back.
Nelson’s next appearance for the murder charges he faces is in January.