Brian Wayne Nelson, 51, of Harmony, has pleaded guilty to criminal vehicular homicide in connection with a crash that left one man dead in rural Fillmore County last summer. The plea was entered in Fillmore County District Court on Monday, August 18, before Judge Jeremy Clinefelter.
The charges stem from an incident that occurred shortly after midnight on August 4, 2024. According to the criminal complaint, deputies with the Fillmore County Sheriff’s Office were dispatched to County Road 30, about two miles east of Granger, on a report of an injured individual lying in the roadway. When deputies arrived, they found the victim unresponsive, with significant trauma to his head and upper body. He was pronounced dead at the scene.
Deputies at the scene quickly identified Nelson as the driver of a Can-Am recreational vehicle that had struck the victim. Witnesses, including Nelson’s wife and sister, were present. Nelson admitted to officers that he had been drinking beer earlier in the evening before getting behind the wheel. He told deputies that he was on his way to the Long Branch Bar in Granger to meet friends when he noticed what he thought was something lying in the road.
Nelson explained that he initially believed he had hit roadkill. After continuing to the bar, Nelson told the bartender that he thought he had just run someone over. He then returned to the scene with friends and saw the victim’s body lying on the ground. Witnesses told deputies that Nelson was visibly shaken and repeatedly said he was sorry.
Deputies reported that Nelson smelled strongly of alcohol. He agreed to take a preliminary breath test, which measured his blood alcohol concentration at 0.166, more than twice the legal limit of 0.08. Nelson admitted that while he first told officers he had consumed three beers, he may have had more but was not counting. A search warrant was obtained for a blood sample, which was drawn later that morning and submitted to the Minnesota Bureau of Criminal Apprehension for testing.
A preliminary autopsy performed by the Southern Minnesota Regional Medical Examiner’s Office found multiple blunt force injuries to the head, chest, and shoulder areas. The report noted bruising consistent with injuries being sustained prior to death. Investigators said the pattern of debris and body placement at the scene matched Nelson’s account that he had been driving westbound on County Road 30 when the collision occurred.
Nelson was originally charged with seven counts that included two counts of criminal vehicular homicide, two counts of criminal vehicular operation resulting in great bodily harm, two counts of driving while impaired, and one count of careless driving. The most serious charges each carry a maximum penalty of 10 years in prison and a $20,000 fine. Additional charges carried penalties ranging from 90 days in jail to five years in prison.
On August 18, Nelson entered a guilty plea to Count II of the complaint, criminal vehicular homicide for operating a motor vehicle with an alcohol concentration of .08 or more. Under the plea agreement, Nelson faces a stayed 57 month prison sentence, which means he would not serve that prison time if he successfully completes probation. Instead, the agreement calls for a 10 year probationary period, during which he must comply with a number of conditions.
The two sides agreed to leave the exact length of Nelson’s initial jail term up to the court. Prosecutors will argue for 334 days, while the defense will argue for 120 days. Any jail time would allow for work release, treatment release, or a Sentence to Service program if approved. Nelson will also be required to serve three days in jail every year on the anniversary of the crash, from August 3 through August 5, during his probation. Additional terms include a $6,000 fine or the equivalent in community service work, writing an apology letter, and paying restitution if the court determines it is appropriate. A presentence investigation has been ordered before final sentencing is scheduled.
The agreement specifies that the court is bound by two conditions. If the judge declines to grant a departure from state sentencing guidelines, Nelson may withdraw his guilty plea and proceed to trial. If the judge imposes fewer than 120 days of jail time, prosecutors may withdraw from the agreement. Nelson, who has no prior felony record, has remained in custody since his arrest. With a criminal history score of zero, state sentencing guidelines call for a prison term between 41 and 57 months for the offense. By entering into the plea deal, both sides agreed that a stayed sentence with probation would balance punishment with an opportunity for rehabilitation.
Court records show this is not Nelson’s first alcohol related driving conviction. In 2001, he was convicted of driving while impaired in Fillmore County and sentenced to probation, jail time, and fines. That case also included a conviction for failure to signal, while additional charges for open bottle and exhibition driving were dismissed.
Sentencing in the current case will be scheduled following completion of the presentence investigation.
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