Wife of missing Diemel brother tells court 'all facts' show Shawano County men are dead
SHAWANO - The wife of one of two Wisconsin brothers who went missing in Missouri told a judge in new court filings that "all the facts" have led her and the family to conclude the men are dead.
Lisa Diemel, whose husband, Nicholas, and brother-in-law Justin have been missing since July 21, had first filed a court petition on July 30 for permission to oversee the brothers' livestock business and manage family finances — as Missouri authorities continued to investigate their disappearance.
In an amended version of the petition, Lisa Diemel explained why she believed the men died "on or about July 21."
"After analyzing all the facts available to petitioner (Lisa Diemel) and the fact that a death investigation is pending in Missouri, petitioner has come to the conclusion that the above-named individual is deceased," the document related to Nicholas Diemel's assets said.
"The status of his remains is unknown to petitioner; and there are assets and debts that should be subject to a probate proceeding."
Lisa Diemel filed an identical request for 24-year-old Justin Diemel, who is unmarried. The brothers' parents, Jack and Pamela Diemel, also signed the petition related to Justin.
The petitions sought "authority to run and administer the day to day activities of Diemel Livestock LLC; including but not limited to paying employees and contractors, entering into contracts, ordering supplies, paying bills and creditors, making cash distributions to members in accordance with their operating document and providing for family allowances."
The documents also give Lisa Diemel the power to "investigate and secure (the brothers') financial information and pay personal bills and expenses."
Shawano County Circuit Judge William Kussel Jr. approved the petitions.
Nicholas Diemel, 34, and Justin Diemel went missing while on a business trip to Missouri, and authorities there said they found human remains July 30 they're trying to identify. Police also arrested a livestock farmer who is the last known person the brothers visited and who manages the farm where the remains were found.
Garland Joseph Nelson, 25, of Braymer, Missouri, was charged with tampering with a vehicle the brothers rented for their trip.
Nelson, who served two years in prison in a cattle fraud case, was accused of driving the rental truck to a commuter lot and abandoning it the day the brothers were last heard from.
Nelson appeared in Caldwell County Court on Thursday, when a judge scheduled his next hearing for Aug. 15. At that appearance, the judge will determine if there is enough evidence for the case to move to trial. Nelson is being held in jail without bond. He has not been charged in the brothers' presumed deaths.