Family of Wisconsin brothers who disappeared in Missouri files wrongful death lawsuit
The family of two Wisconsin brothers who disappeared in Northwest Missouri in July are suing the man charged for their murder, his mother and their company for wrongful death.
The lawsuit claims that Garland Nelson, accused of killing Nick and Justin Diemel, violated his parole for a previous conviction of selling mortgaged cows by owning a firearm and going into business with the brothers.
This conviction, the lawsuit says, was not disclosed to the Diemels before they went into business with Nelson.
The suit argues that the company and Nelson’s mother, Tomme Sue Feil, should have done so.
“Due to their knowledge of Nelson’s dangerous propensities, prior fraudulent cattle transactions, and his possession of a firearm, Defendants 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,” the lawsuit says.
When reached by The Star, Feil said she was aware of the suit but was not able to comment. No attorney is listed for the company, Feil or Garland in court records.
Lisa Diemel, Nick Diemel’s wife, and the family’s attorney did not respond to The Star’s request for comment in time for publication.
Garland was charged in October with first-degree murder and various other charges related to the brothers’ deaths.
He allegedly owed the brothers $250,000 as part of a cattle deal and the brothers had visited Missouri to collect the money.
Garland is accused of shooting the brothers, placing them in metal barrels and burning their bodies.
Garland is scheduled to appear in court for the criminal case in January. He also faces charges in Bourbon County, Kansas, for endangering the food supply.
The Associated Press contributed to this story.