Judge Jeremy Clinefelter sentenced Brian Wayne Nelson, 50, of Harmony, Minn., to 10 years of probation for a fatal drunk driving crash that happened east of Granger, Minn., in August 2024. Nelson was found guilty of one count of criminal vehicular homicide for driving with a blood alcohol level over .08. The court dismissed six other charges as part of the plea deal.
Clinefelter ordered a 57-month prison sentence but decided to stay it for 10 years. Instead, Nelson must serve 180 days in the Fillmore County Jail starting by October 31. He can apply for work release or serve the time through the Sentence to Serve program. He must also spend three days in jail each year on August 3, from 2026 through 2035, which marks the date of the crash. The court ordered Nelson to pay $13,585 in fines and restitution, including $7,500 to the victim’s family.
The crash happened shortly after midnight on August 4, 2024. Deputies with the Fillmore County Sheriff’s Office found a man dead on County Road 30 about two miles east of Granger. Investigators learned that Nelson had been driving his Can-Am off-road vehicle to the Long Branch Bar in Granger when he hit something on the road. Nelson told deputies he thought it was an animal and did not realize right away it was a person.
Deputies said Nelson smelled strongly of alcohol and appeared upset. He admitted to drinking several beers before driving. His breath test showed an alcohol level of .166, more than twice the legal limit. A later blood test showed .160.
Witnesses at the bar said Nelson came in after the crash and told them he thought he had hit someone. The bartender called 911, and Nelson went back to the scene with friends. The victim was found with serious head and chest injuries and likely died instantly. Investigators believe the victim may have been lying on the road when Nelson’s vehicle struck him.
Judge Clinefelter said Nelson showed remorse and was willing to follow treatment and probation. Because of that, the court gave him a downward dispositional departure, meaning he will serve probation instead of prison time.
As part of probation, Nelson must not drink or use drugs, cannot enter bars or liquor stores, must complete chemical and mental health evaluations, and must write a letter of apology to the victim’s family. He also faces random testing and must follow all directions from his probation officer.
If Nelson violates any terms of his probation during the ten-year period, the court can order him to serve the 57-month prison sentence.
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