Nickelson bound over for trial on second degree murder charges in Myhre shooting death

Dustin Dean Nickelson

(Riverton, Wyo.) – A 24-year-old Riverton man charged with second degree murder in the shooting death of Lucas Myhre on September 13th has been bound over to Fremont County District Court for trial. The action was ordered by Circuit Court Judge Wesley A. Roberts Wednesday who determined there was sufficient evidence to support the charges brought against Dustin Dean Nickelson. Roberts continued Nickelson’s bond at $1-million and he remains in custody in the Fremont County Detention Center in Lander.

Nickelson had earlier waived his right to a speedy arraignment and the reset docket was heard Wednesday morning.

According to an affidavit filed to support the Second Degree Murder charge, Riverton Police Department Detective Sergeant Julie Mathews said officers were called to 811 East Adams, apartment #2, on a report of multiple gunshots on the evening of September 13th. According to the affidavit, the RPD dispatcher on duty reported that several female subjects were heard to be screaming in the background and the caller reported a man had been shot.

Upon arrival, Sgt. Levi Hallock found a man laying face down on the sidewalk in front of the apartment. The man was later identified as Myhre.

When police began asking witnesses about the location of the gun, the affidavit stated that “Dustin Nickelson advised that he had shot the man lying on the ground,” and he also advised Sgt. Hallock “the gun was lying on the counch inside of apartment #2.” Hallock then recovered the weapon, identified in court records as a .45 ACP Sar handgun.

At that point, Nicholson was placed under arrest.

Hallock was quoted in the affidavit as saying that Myhre had been shot in the head, once in the chest and once at an angle into his chest. Two Riverton police officers rendered first-aid on Myhre for a period of 10 minutes, but no signs of life were noted during the resuscitation attempt. Hallock also observed that the victim’s eyes were dilated and he wasn’t breathing, according to the affidavit.

The Second Degree Murder charge is a felony punishable by imprisonment of not less than 20 years.

 

 

64 Comments

  1. Joe Moore

    8 shots from a inside your apartment is not self defense. Enjoy life in prison little buddy!

  2. Paula Coldiron

    wow..amazing that you already know the out come!

  3. Lee Rohn

    A very strange string of events for sure. I heard the shots, felt like they were a block away. Can't go well for this guy…

  4. Cody Joy

    How can a .45 carry 8 shots????? Oh yeah there isn't DUMBASS! Wait for court and shut the mouth the Lord gave you.

  5. Dani Stickels Cooper

    Amen

  6. Dani Stickels Cooper

    Seven shots was reported in court by the police

  7. Lee Rohn

    A Colt ACP 45 may hold either 7 of 8 shots depending on the model. I heard six but they were so close together it would be hard to say.

  8. Tajia Cleveland

    his side!?!?! Maybe u should have been there holding luke like i was!

  9. Angie Snyder Foss

    ok i never asked for anyones opinions.. i was clearly stating mine. you were his friend and i am dustins so im going to stay on my friends side through thick and thin as you are for Luke…

  10. Andrea Martinez- Watson

    how on does this make judge robers a "deush" ?

  11. Angie Snyder Foss

    he always has been.. never seemed to have a heart.. and always seemed to go against whoever the charges were against without actually looking into it

  12. Tajia Cleveland

    I WILL STAND UP FOR LUKE AND SPEAK FOR HIM SINCE I WAS A WITNESS TO THE TRAGIC HORRIFIC KILLING OF LUKE! I WILL BE SURE TO BE ASKED OR SUBPOENA INTO COURT TO TELL THE COURTS DUSTIN DID IN FACT KILL HIM MALICIOUSLY AND HAD NO REMORSE JUST STANDING THERE AFTER WHAT HE DID!

  13. Andrea Martinez- Watson

    wow I think Judge roberts is just doing his job, and if you understood how the court system works you would understand that as well.

  14. Christina Linn

    u better star!!! love ya

  15. Angie Snyder Foss

    like i said… didnt ask for opinions… and as for questions i feel the same.. idc to hear them. I support dustin as do alot of other people that actually know him…

  16. Andrea Martinez- Watson

    if you dont want to hear other peoples opinion on the matter then why are you commenting on a public commenting board?!?

  17. Kristy Fried

    really, shots to his backside including a head shot and some people want to still say this is self defense, jesus!

  18. Kristy Fried

    especially when he was not shot in the apartment and t at close range, wtf people wake up this is murder, simple as that…he just needs to claim self defense so he doesn't rot in jail but he wont win…sorry to say he wont.

  19. Whitney Forbis-Rota

    Ya Dustin killed someone and deserves life in prison for sure!

  20. Trina Gonzalez

    I have known him for lot s of years and still hope he lives the rest of his life in guilt! He had no right taking someones life! Worthless! Hope he gets life so he can rot in that hell hole and never see the light of day!

  21. Angie Snyder Foss

    wow my own sister in law???

  22. Angie Snyder Foss

    well like i said DIDNT ASK YOUR F****** OPINIONS!!! K??? thanks buh-bye

  23. Angie Snyder Foss

    if you didnt know the bullets went through…

  24. Joe Moore

    Thanks Paula. It was a tough prediction to make….idiot.

  25. Joe Moore

    Angie Snyder Foss Interesting logic, clearly innocent then.

  26. Kristy Fried

    he was shot several times from behind, that is not self defense, youll see when the verdict is read

  27. Andrea Martinez- Watson

    what does this comment even mean "if you didnt know the bullets went through" ? he shot look 7 times! he had 12 'in & out' wounds

  28. Kristy Fried

    Joe Moore lol, right? he is falling to the ground and he keeps shooting and then shoots the backside of him, what did he do trip trying to beat you up lol

  29. Kristy Fried

    well 18 in and out from what the paper said, regardless its not self defense :)

  30. Kristy Fried

    we didnt ask for yours, this isnt about who is right or wrong this is the place to right whatever you feel, the pleasures of living in america, freedom of speech baby yeah!

  31. Andrea Martinez- Watson

    Angie what does is that comment even supose to mean? here is what the paper said

    Phillips said Nickelson told police on scene that Nickelson had "fired on Lucas Myhre" eight times.

    "Then he unloaded the gun and set it on the couch," Phillips said. "I believe it was a SAR .45 caliber semi-automatic pistol."

    Phillips also was present at Myhre's autopsy Sept. 15 in Loveland, Colo., where pathologists determined that seven bullets had struck Myhre's body.

    "Out of those seven bullets that hit the body there was a total of 18 in-and-out holes," Phillips said. "One round would have passed through the exterior and interior of (his left arm), through the body cavity, then in and out the opposite arm, thus leaving six holes."

  32. Andrea Martinez- Watson

    angie what is your comment supose to even mean? did you have a point to it or what?

    Phillips said Nickelson told police on scene that Nickelson had "fired on Lucas Myhre" eight times.

    "Then he unloaded the gun and set it on the couch," Phillips said. "I believe it was a SAR .45 caliber semi-automatic pistol."

    Phillips also was present at Myhre's autopsy Sept. 15 in Loveland, Colo., where pathologists determined that seven bullets had struck Myhre's body.

    "Out of those seven bullets that hit the body there was a total of 18 in-and-out holes," Phillips said. "One round would have passed through the exterior and interior of (his left arm), through the body cavity, then in and out the opposite arm, thus leaving six holes."

  33. Brandin Foos

    Angie, I have known Wes since I was about 13 and I thought he was always fair. I guess depending on what side of the law you are on would determine your opinion. There is no doubt in my mind that Dustin was liked and had friends. Sometimes people make really bad decisions and we can't believe that the person we knew would really do that. I'm not saying Luke didn't make a bad decision that night. He should have just left, but his bad decision doesn't warrant 7 shots including one to the back of his head. Imagine the father of your kids laying their on the ground with 18 holes in his body. How would you feel about the man that shot him?

  34. Kristy Fried

    I must not be getting all the comments, Joe what are you talking about?
    lol

  35. Kristy Fried

    nevermind Joe I just realized she blocked me lol, could it possibly she works at detox and that is my former place of work and I know what is allowed and not, nah thats just me over thinking things but I find it ammusing that 2 weeks ago she hadnt blocked me and now I am, oh well poof be gone, didnt want to read her stupid no nonsense comments anyways :)

  36. Paula Coldiron

    Calling me a idiot already Joe…lmao…ehhh ok..

  37. Paula Coldiron

    Wow..you seen what happened? I would think they would already be preparing you to take the stand..and you were holding Luke also? I didn't know that..

  38. Trina Gonzalez

    Right! Imagine! He was a father, son, friend, brother and living human! Until dustin decided to pretend he was god and take Luke from is! Granted Dustin has a family who is in pain and they still have him but lukes family does not have Luke they have only a memory of him! When lukes family is missing him they can't go see him during vist hrs they don't get to write him! They will NEVER see there loved one again! I will never have my bro back! I pray to god Dustin gets what be deserves!

  39. Paula Coldiron

    Lol..hey Joe let your friend Kristy know there is a reason she has been blocked and if she didn't want to read my comments then she shouldn't worry about having access or not..

  40. Angie Snyder Foss

    if you would have read right there wasnt near 18… i do believe the clip to this specific gun holds around 9

  41. Stephanie Ratliff

    Actually, there were 18 entry and exit wounds with 7 bullets.

  42. Herb Peden

    and still you people continue to twist things to fit your views. I am Dustins friend and I will stay his friend this whole situation is a complete disaster for all the family s involved.

  43. Kristy Fried

    7 bullets and 18 in and out so excuse me you read right. I know my facts and I know what I wrote

  44. Herb Peden

    the way I see it a whole series of questionable decisions where made on both sides that ended up in a avoidable tragedy, so in a way I believe that they are equally at fault for what happend, one is dead and his family is in pain the other in jail and he and his family will have to deal with this for the rest of there lives its no win situation for everyone. all of this second guessing and name calling do nothing but cause hurt feelings on all sides.

  45. Troy Moore

    "The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force." Smart money is on 20 to life.

  46. Jack Henry Knapp Jr.

    go girl love ya

  47. Clayton Warren

    Dude!! That's my tool pusher's son!!!
    Small world. I worked a hitch with him.

  48. David Alley

    judge roberts is probably the best and most fairest judge there is.

  49. Brandin Foos

    Paula, he is probably calling you an idiot because you lied or turned a blind eye. You said there were only 3 shots to the body of Lucas Myhre, 2 in his torso and one in the head.. Yesterday we found out there were 7 shots and 18 holes in him. So please tell me, how is it that you were there right after it happened but missed all off this? Joe was kind in calling you an idiot… :)

  50. Garth McPherson

    For those of you who don't know Dustin he's probably one of the nicest people I have ever known he wouldn't hurt a damn fly let alone shoot someone unless it was self defense. An the for the kid that was shot His eyes were dilated Hmmmm funny how they didn't add that into the case that he was all drugged up idk bout
    You but if a tweaked out person started
    Making demands and threatened me with my life I would have done the same cuz you can't control what a tweaker is gonna do being that they can't control themselves 99% of the time point is that it
    Was self defense the court system is just to damn dumb to realize it

  51. Chris Keele

    Your right Herb just because he made a mistake doesn't mean you shouldn't be friends with him. Nobody would have any friends if you dropped them like a bad habit every time they messed up.

  52. Paula Coldiron

    Lol..there again Bradin…if you go back in your history I said what was visible to ME…

  53. Paula Coldiron

    No need for name calling..dang ya don't even know me…lol..but Bradin I'm still waiting for you to back up your specualtion when you said it was known in a report that Dustin was very drunk..

  54. Paula Coldiron

    I agree Herb..funny how the people who are trying to keep an open mind are getting called names..but I've been called worse..

  55. Andrea Martinez- Watson

    either county 10 keeps deleting my comments or there is just a glitch in the server but according to the news paper even dustins own lawer stated
    In his closing statement, LeBrun said there is "clearly" probable cause that Nickelson purposely and maliciously killed a human being. He said the shots, most of which struck Myhre from behind, demonstrate malice.

    "(And) there's no evidence at this point that there's any blood inside of the defendant's apartment," LeBrun said. "If he shot inside the apartment there's going to be some blood (inside)."

  56. Kristy Fried

    Also it states that he did NOT firs at close range which proves beyond a doubt lucas was not in the apartment!

  57. 胡杏仁

    Is he ok now ,I so worry~~

  58. Nena Rox

    Reading these comments I am so glad that all of Luke's friend are defending him. Then I am disturbed by this Angie person who will play the devils advocate on a public forum. She says "Nobody will speak for Dustin" and I think, I understand that he is your friend, but anyone with common sense and a brain will admit when their friend was wrong. Furthermore, I am sorry you feel you need to speak for the silenced Dustin, but you forget that Luke will never speak again. Nobody will ever speak for his children. This young lady is volatile, lacks empathy and furthermore, lacks understanding of the value of life…

  59. Tessa Hawkins-Chavez

    And so is dustin Luke was an amazing friend son father and now his family is lost and his boys

  60. Roxy Daniel

    Is this really a matter of choosing sides?! Ohmygod lady, open your eyes. You have some nerve posting something like that on a public forum. Do you feel like your cold-blooded friend should walk?! I'm totally appalled by your ignorance.

  61. Roxy Daniel

    Ohmygosh! I am totally appalled. What an ignorant lady… I don't even know what to say.

  62. Herb Peden

    hes as ok as he can be i would imagine. Don't worry though the wheels of justice turn they turn slowly

  63. Kiri Porter

    Just to clarify someone else's comment, Mr. LeBrun is not Dustin's attorney. Mr. LeBrun is the prosecuting attorney so when he was quoted on here he was not speaking in favor of Dustin but for the State of Wyoming who brought the charges against Dustin.

  64. Nena Rox

    I knew you would say something to that effect… Like I said, I pray justice will be served. But there is not justice with murder, only loss and more loss…

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