UPDATE: Complaint against Harmony man accused of deadly DWI updated
Brian Wayne Nelson / Fillmore County Jail Roster
(ABC 6 News) – The changes against the man accused of killing Cale Alan Jackson in a DWI crash have been amended.
Brian Wayne Nelson now faces eight charges stemming from the crash which killed Jackson last August.
According to court documents, the date of the offense is now “On or about August 3-4, 2024”, while Count V has been changed to “4th Deg. DWI – Operate Motor Vehicle – Alcohol Concentration 0.08 Within 2 Hours” from “3rd-degree DWI”.
Also, an eighth charge has now been added to the complaint, “Criminal Vehicular Homicide – Alcohol Concentration .08 or More w/in 2 Hours of Driving”.
Finally, victim Cale Jackson’s cause of death has been added which is “multiple blunt force injuries” along with Nelson’s blood alcohol concentration now listed at “0.126”. The legal limit is .08.
(ABC 6 News) – The Fillmore County Attorney’s Office filed a motion to add a new Criminal Vehicular Homicide charge to a Harmony man’s case.
Brian Wayne Nelson, 50, was arrested in connection with the death of Cresco man Cale Alan Jackson at about 12:18 a.m. Aug. 4, 2024.
Jackson was found lying on his back on County Road 30 with significant trauma to his head and one arm, according to court documents.
Jackson’s autopsy report by the Southern Minnesota Regional Medical Examiner’s Office states he died from multiple blunt force injuries incurred as Jackson — a pedestrian — was struck by a vehicle.
Nelson allegedly told law enforcement he was driving on County Road 30, when he hit something lying down on or near the road.
Nelson continued to Long Branch Bar, then concluded that he had run someone over and needed to return to the scene.
According to court documents, Nelson returned to County Road 30, then drove home before law enforcement arrived, before coming back a second time and being taken into custody.
On Monday, Feb. 10, the Fillmore County Attorney’s Office filed a motion to amend Nelson’s charging documents in the following ways:
- amend the date of the offense to Cale Alan Jackson
- change Count V of Nelson’s charges from “3rd-degree DWI” to “4th-degree DWI over 0.08
- add an eighth charge: felony Criminal Vehicular Homicide over .08 as measured within two hours of the time of driving
- include Jackson’s cause of death as determined by autopsy in the charging documents, as well as the BCA’s test results for Nelson’s blood, which was taken while he was in custody.
Nelson is scheduled to appear in court Feb. 12 to go over the requested changes.
Nelson’s defense also filed a motion to dismiss the defendant’s criminal vehicular operation and criminal vehicular homicide charges in late December, as well as a charge of careless driving.