Harmony man charged with criminal vehicular homicide, operation in fatal crash

Harmony man faces seven charges in Cale’s death

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(ABC 6 News) – A Harmony man faces seven charges, include two counts of criminal vehicular homicide, in connection with a Sunday morning fatal crash.

According to court documents filed Tuesday, Brian Wayne Nelson is accused of running over an Iowa man near Granger while under the influence of alcohol.

Court documents allege that Nelson told police the victim, 23-year-old Cale Jackson of Cresco, Iowa, was lying down in the road at the time of the crash.

He was charged Tuesday with criminal vehicular homicide–negligence, under the operation of alcohol; criminal vehicular homicide–blood alcohol content of 0.08 or more; criminal vehicular operation–great bodily harm, under the influence of alcohol; criminal vehicular operation–great bodily harm, blood alcohol content of 0.08 or more; two counts of driving while intoxicated; and one charge of careless driving.

Nelson’s movements on Aug. 4

According to court documents, the Fillmore County Sheriff’s Office responded to a call about a body on County Road 30 around 12:18 a.m. Aug. 4.

Jackson was found lying on his back with significant trauma to his head and one arm, according to court documents.

A deputy arrived at the scene around 12:47 a.m. and observed Jackson’s body, as well as two vehicles and several individuals in the roadway.

Nelson was identified then as the driver who allegedly hit Jackson. At the time, he allegedly told a deputy he’d had three beers before the crash, had left the scene, and returned to find someone lying over Jackson’s body.

“Nelson said he was just driving down the road in his Can-Am when he saw something lying down, but he couldn’t slow down quick enough. He initially thought it might have been roadkill,” court documents read. “Nelson was headed to Granger to meet up with some friends at the Long Branch bar. When Nelson arrived at the bar, he told the bartender … that he thought he had just run someone over and that he felt in his heart he needed to go back.”

The bartender attempted to call 911 to report the incident, but the phone was disconnected — so he contacted a woman who called dispatch.

Nelson and his friends returned to the scene and found Jackson’s body, then Nelson “was scared after the incident” and drove home, according to court documents, before returning to the scene.

A preliminary breath test indicated that Nelson’s blood alcohol content was 0.166, above the legal limit.

Nelson was arrested, taken to the Fillmore County jail, and a phlebotomist sent a blood sample to the BCA for testing at about 4:30 a.m.

Jackson’s movements Aug. 4

According to court documents, Cale Jackson had also visited the Long Branch bar before the crash that killed him.

A woman at the scene told deputies she and Jackson had been at the bar, got into an argument, and Jackson “decided to walk away to cool off.”

The bartender told deputies he had served Jackson several mixed drinks that night.

Jackson allegedly tried to get a ride from a relative who was out of town, but refused to let the woman pick him up in her car.

Shortly after that, (the bartender) said someone came in and said they had hit something on the road,” court documents read. “(The woman) said she didn’t hear any details and immediately ran to where Victim was.”

Individuals at the scene told deputies they moved a cell phone and glasses to the body, and that the cell phone had been open to a GPS map app.

Court documents claim that Jackson died from blunt force trauma to the head, chest, and upper shoulder areas — which could indicate he had indeed been laying in the road, as Nelson said.

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Man charged with vehicular homicide

The latest local, regional and national news events of the day are presented by the ABC 6 News Team, along with updated sports, weather and traffic.

(ABC 6 News) – The Fillmore County Sheriff’s Office took a Harmony man into custody Sunday for suspected criminal vehicular homicide.

According to Fillmore County Sheriff John DeGeorge, first responders received a call just after midnight Aug. 4 about a man lying on County Road 30 east of Granger.

Responders located the body of 23-year-old Cale Jackson of Cresco, Iowa.

It appeared Jackson had been struck by a vehicle on the roadway.

Deputies took 50-year-old Brian Nelson into custody at the scene on suspicion of driving while intoxicated and criminal vehicular homicide.

Nelson is currently held at the Fillmore County Jail, and a sample of his blood was sent to the BCA for testing.

According to Minnesota court records, Nelson was convicted of driving under the influence of alcohol in Hennepin County in 1998, then convicted of driving with a Blood Alcohol Content of 0.18 in Fillmore County in 2001.

Nelson was most recently convicted of a 3rd-degree DWI charge in 2003, according to Minnesota court records.