Daniel Niebuhr, 60, fired a 9mm SIG Sauer pistol, killing his son, Brock.
Whether Daniel Niebuhr acted with premeditation or his actions were the result of having diminished mental capacity formed the crux of a week-long trial in Bremer County District Court in November.
The answer to these questions would determine whether the defendant will spend the rest of his life in prison or be committed to a mental facility. A judge rather than a jury will make this decision, as Daniel Niebuhr waived the right to a jury.
Bremer County Attorney Kasey Wadding for the prosecution and defense attorneys Chad Frese and Jennifer Frese filed written closing arguments over the last two Mondays. Wadding is scheduled to file a rebuttal on Monday, Dec. 21, with trial Judge DeDra Schroeder rendering a decision later.
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Central to the first-degree murder trial of Daniel Niebuhr is whether the Fairbank man acted in a premeditated manner when he shot and killed his son, Brock, on March 22, 2019, or did it in a bout of insanity.
Bremer County Attorney Kasey Wadding filed his closing arguments in the bench trial last week with Bremer County District Court Judge DeDra Schroeder. Defense attorneys Chad Frese and Jennifer Frese filed their closing on Monday.
Wadding is scheduled to file a rebuttal on Monday, Dec. 21. Schroeder will render a decision sometime after that.
In the balance is whether Daniel Niebuhr will spend the rest of his life in prison, will be committed to a mental facility or walk away a free man.