My Name Is Murder - Gardner, North Dakota

Summary

Small Town Murder – “My Name Is Murder – Gardner, North Dakota”

Hosts: James Pietragallo & Jimmy Whisman

Release Date: October 10, 2025

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Episode Overview

In this episode, James and Jimmy take listeners on a true crime journey to Gardner, North Dakota – a nearly-forgotten, tiny rural town best known for little more than its prairie quiet and lack of murder. But that changes with a shocking story about identity theft, small-town intrigue, and cold-blooded murder. They unravel the wild and complicated tale of Timothy Wicks, Dennis James Gade, and a murder plot born from desperation, deception, and the bizarre desire to, as the title suggests, “be murder.”

The hosts provide plenty of researched detail, signature banter, and comic relief, livening up what is fundamentally a grim and winding story of fraud and homicide in one of America’s least likely places for violent crime.

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Gardner, North Dakota: The Setting (05:53)

• Population: Around 72; swells to ~100 in the summer.
• Median income: $68,750; houses ~$187,500.
• Description: Essentially a two-block farming hamlet hugging the Minnesota border, “a place where farmers gather for coffee.”
• Atmosphere: “Not a goddamn thing to do.” Prairie, stargazing, the local post office, County Line Bar & Grill (“rude bartender, warm beer…if they don’t like you, you’re not getting shit.” 09:18)
• Memorable moment: The hosts riff on the “things to do” list, including “spotting locals” as if birdwatching, and sharing tales of epic North Dakota snowstorms.
  • “Go spot the local. Shh. Don’t spook them.” – James (10:26)

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Introduction of Timothy Wicks & Diana (11:32)

• August 2001: “New couple in town” – Tim (over 6'2", 350 lbs, gregarious) and Diana Wicks, with a young son.
• Local bar story: Diana, wanting a martini, is told “couldn’t do it” due to lack of vodka and ice. Diana complains, “This is like Petticoat Junction. I can’t even get a martini! I can’t even get a pizza delivered to my house.”
  • “That’s my rule for won’t live there: Can I get a half decent pizza delivered?” – James (12:11)

Tim’s Job and Integration (14:34)

• Gets accountant job in Fargo, drums at jam night (“He could keep a beat. Doesn’t that sound awful?” – James, 16:06)
• Buys farmhouse, gets insurance, North Dakota driver’s license.

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The Real Tim Wicks and a Case of Stolen Identity (17:30)

The Real Story:

• The man living in Gardner as “Tim Wicks” is not the real Timothy Wicks. The real Tim is a 5’8", 150lbs jazz drummer from Milwaukee, known for perfect Fleetwood Mac covers.
• The Gardner “Tim” is actually Dennis James Gade, a career con-man and failed informant/cop with a long criminal history:
  • Identity theft, fraud, aiding an escape, time in jail, undercover stints for the police, and repeated failed attempts to vanish and reinvent himself under false names.
  • “The only conviction he got us was himself.” – Marshfield police chief (22:47)
• Dennis’s criminal past includes time as an informant, failed undercover agent, and refugee attempt in Canada under multiple dead-children’s identities—“the best thing to do is get on a stage with lights on you” (26:03), jokes James about Dennis starting a band while on the run.

Notable Quote:
“He served 90 days in jail for that. And one of the police chief of Marshfield said: 'The only conviction he got us was himself.'” (22:46)

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Marriage, Flight, and a Life Built on Lies (34:55)

• Dennis quickly marries Diana Frug in 2001. Diana’s background involves escaping abusive partners; she’s won over by Dennis’s (deceptive) charm.
• Three months after marrying, Dennis confesses his past legal trouble in Wisconsin (escape/felony charges).
• Facing certain prison time and claiming everyone from bikers to prosecutors wants him dead, Dennis skips bail with Diana and her son, breaking custody laws.

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Building a New Life in North Dakota … and Escalating the Scam (39:19)

• Dennis (as “Tim Wicks”) starts work as an accountant in Fargo—quickly arouses suspicion with missing petty cash, then $4,000 in company funds, and finally, giving himself a fraudulent Christmas bonus.
  • “I have done a hell of a job this year. I feel like, you know, I deserve this.” – James (40:06)
• Police open embezzlement investigation.
• Complicating factor: The real Tim Wicks calls Dennis about credit card fraud, prompting panic.

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The Murder Plot Unfolds (41:29)

The Road to Homicide:

• December 2001: Real Tim Wicks tells friends he’s leaving for Canada with Dennis for a “band job” (Dennis’s concoction).
• Tim leaves a note with his landlord, then disappears after loading drums into his car with Dennis.

The Timeline (43:05)

• Dec 29: Dennis rents a backhoe with Tim’s credit card.
• Dec 30: Buys axe, gloves, burlap sacks, shears, and rents a U-haul—all with Tim’s credit.
• Early January: Friends report Tim missing; a torso is discovered on a Michigan riverbank (44:16); U-Haul clocked at 1,786 miles on return.

Investigation Stumbles:
Two police departments are both investigating a “Tim Wicks,” realizing the physical descriptions don’t match; the real Wicks is now a murder victim, and Dennis’s ruse begins to unravel.

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Discovery, Capture, and Confession (53:07)

Manhunt & Arrest (53:07)

• Dennis and Diana flee in an RV, aiming for Canada, then Mexico (plan: “live on the beach and sell fruit from the back of a truck”).
  • “Imagine that's your getaway. That's your dismount from nine grand.” – James (51:44)
• Recognized at a Nebraska RV park; arrested by a swarm of FBI and local police.

Diana’s Initial Story and Flip (54:46)

• Diana brags in jail: “I killed him because he raped me.”
• Letters between Dennis and Diana reveal the rape story is concocted as a legal defense.
• Eventually, two years later, Diana recounts the real story, confessing Dennis’s plot and murder.

The Details of the Crime (64:37)

• December 28, 2001: Diana asleep upstairs with son; Dennis and Tim drink and smoke.
• Diana woken by Dennis: “Come downstairs.” Tim is shot but still alive; Dennis suffocates him with a plastic bag.
  • “He’s still breathing—so Dennis got a plastic bag…and put it over his head until he stopped breathing.” (65:02)
• Dismemberment in U-haul as Diana and her son sat in front with music blaring—grisly and surreal.
  • “She said she tried to forget the sounds of the banging and hacking. She said you could just hear bang, bang, bang. And it seemed like it was never going to stop.” (67:52)
• Remains dumped in Michigan riverbank; head and hands separated to hinder identification.
• Diana, feeling trapped and fearing for her life and son, goes along in silence for years.

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Legal Aftermath and Trial (73:32)

• Dennis is eventually charged with murder (August 2005) after serving prison time for embezzlement.
• No physical evidence directly connecting him (no murder weapon, no blood), but Diana’s testimony, financial and rental records, and circumstantial evidence pile up.
• Defense pins crime on Diana, calling her “a demon.” Prosecution dismantles this, painting Dennis as pathologically deceitful and remorseless.

Notable Quotes:

• “This case has some remarkable aspects to it. Ones that I haven’t seen before, and ones I trust I will never see again.” – DA (73:33)

• “I think Dennis is a liar…he’s made a life out of living a lie and spinning that lie to everyone around him.” – Prosecutor (77:36)

• Dennis: “She may be sending me to prison today, but my conscience is clear that I am not a murderer.” (77:37)

• Verdict: Convicted of intentional murder—life without parole.

• Diana: Never charged with the murder, only with custodial interference (“scot free, got away with everything” – 75:38).

Appeals: Dennis’s attempts—including claims of PTSD—are all denied. North Dakota Supreme Court affirms (including the disputed biblical reference in closing arguments).

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Hosts’ Key Reflections and Memorable Lines

• On Gardner, ND:
  “Not a goddamn thing to do… Prairie people-watching or impromptu farm chats. Knock on a door politely…” (09:28)
• On small town crime:
  “They only get about 10 murders per year in the whole state… they’re so far apart they can’t hit—they can’t shoot somebody from that distance. It’s hard.” (05:52)
• On Dennis’s criminal path:
  “He had, like, a 10-hour drive to change his mind and everything.” (80:31)
• On the pointless escalation:
  “Over nine grand. Stole an identity and then decided, I gotta kill him.” – Jimmy (80:01)
• On small-town prosecution:
  “There’s limited prosecutorial experience in North Dakota murder trials…most of them are dunkers, domestics, where the guy’s in the front lawn with a bloody knife in one hand, a beer in the other, going, 'I killed the bitch.'” (71:24)

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Episode Timeline (Key Timestamps)

• [05:53] – Introduction to Gardner, North Dakota
• [11:32] – The “new” Tim and Diana Wicks arrive in town
• [17:30] – The real Tim Wicks phones about credit card fraud
• [22:47] – Dennis’s criminal record, failures as an undercover cop and informant
• [34:55] – Dennis marries Diana; they go on the run
• [39:19] – Embezzlement, company starts getting suspicious
• [41:29] – Real Tim is lured to Gardner for invented “band job”
• [44:16] – Tim’s torso found on Michigan riverbank; the manhunt widens
• [53:07] – Dennis and Diana caught at Nebraska RV campground
• [64:37] – Diana’s confession: real details of the murder and aftermath
• [73:32] – Murder charges; trial and legal challenges
• [80:01] – Hosts' closing takeaways; moral of the story

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Final Thoughts

James and Jimmy close the episode reflecting on the sheer senselessness and complexity of the murder—a relatively trivial embezzlement spiraling into a grisly killing and cross-country manhunt. Dennis Gade, a lifelong grifter, ultimately receives life without parole, while Diana Wicks avoids further prosecution despite her role as accessory after the fact.

“That is Gardner, North Dakota. Over nine grand, stole an identity, then decided I gotta kill him… Just a complete asshole just trying to dismount, keep his plate spinning.” – James (80:10)

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For more, follow their socials, check out live dates, and get bonus content via Patreon.

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[End of Summary]

Transcript

[James Petregallo]

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[Jimmy Wissman]

Morning, Zoe. Got donuts.

[Dana]

Jeff Bridges, why are you still living above our garage?

[Jimmy Wissman]

Well, I dig the mattress and I want to be in a T mobile commercial like you. Teach me. So Dana.

[Dana]

Oh no, I'm not really prepared. I couldn't possibly at t mobile get the new iPhone 17 Pro on them. It's designed to be the most powerful iPhone yet and has the ultimate pro camera system.

[Jimmy Wissman]

Wow, impressive. Let me try. T Mobile is the best place to get iPhone 17 Pro because they've got the best network.

[James Petregallo]

Nice.

[Dana]

Jeffrey, you heard them.

[James Petregallo]

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[Jimmy Wissman]

So what are we having for lunch?

[Dana]

Dude, my work here is done.

[T-Mobile Announcer]

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[Jimmy Wissman]

Hello.

[James Petregallo]

Everybody and welcome back to Small Town Murder Express. Yeah.

[Jimmy Wissman]

Choo choo.

[James Petregallo]

Oh yay indeed, Jimmy. Yay indeed. My name is James Petregallo. I'm here with my co host.

[Jimmy Wissman]

I'm Jimmy Wissman.

[James Petregallo]

Thank you folks so much for joining us today on another edition of Small Town Murder Express. Wow. Do we have a crazy episode for you today. We're 10 pounds of murder in a two pound bag. We might up it to 20 pounds of murder in a two pound Bag today because this is a wild story that we're gonna cram into this small space. So it's gonna be a lot of fun. Before we get to that though, shut up and givememurder.com check it out and get all of your merchandise, get all of your tickets for live shows. We have Seattle next week. It is October 18, Saturday night at the Moore. Still some tickets left for that but not many. They put out a low ticket alert so I don't know what that means, but get your tickets for that right now. I think that's all that's left except for the virtual live show. Oh, that is going to be the Thursday right before Halloween. We can't wait for that. Just like a regular live show, except you don't have to leave your house. Lot of fun. And we're gonna have costumes. Cause it's Halloween. We're gonna look like idiots. The set will be decorated nice just like a regular live show. All the jokes and everything like that and the pictures. And it's available for two weeks after we do it too. So you can buy it then. You can buy it and watch it 20 times. You can do whatever you want with it for two weeks. So ENJ and keep coming and hanging out. That's shutupandgivemerder.com also listen to our other two shows, Crime in Sports. We have a very good series on Billy Martin going on right now. I like how Jimmy said, okay, you'll give it a. You never heard it before. Give it a. That sounds like a good show. And your stupid opinions where we listen to people's reviews of anything and everything from around the Internet and make fun of them because it's hilarious. So listen to those. Then get Patreon. Patreon.com crimeinsports Just like the name of that show. You should be listening to that. Jimmy's very interested in.

[Jimmy Wissman]

This week. I'm trying.

[James Petregallo]

Finally, after we've only been doing it for 10 years and now he's gonna give it a shot. So definitely do that. And get Yourself Patreon, anybody. $5 a month or above. You're gonna get hundreds of back episodes of bonus stuff you've never heard right away just to listen to and binge at once. And then you can also get new ones every other week. Not you can will get new ones every other week. One Crime in Sports, One Small Town Murder. This week, which you're gonna get. For crime and Sports, we're gonna talk about those old rock and jock MTV specials and just make fun of tiny R and B singers trying to play against Gary Payton. It's just very funny.

[Jimmy Wissman]

It's wild.

[James Petregallo]

Yeah, it's hilarious. Then for Small Town Murder, we're gonna talk about that documentary, Unknown Number, where that woman harasses her daughter horribly. And we've had so much requests, so many requests to do this, we had to do it. So she sucks. She sucks. In addition to that, you get all of our shows, Crime and Sports, your stupid opinion, Small Town Murder all ad free with your subscription. And you get a shout out at the end of the regular show as well. So you can. Oh my goodness, you can't beat it. Patreon.com crimeinsports so that said, I think it's time everybody to sit back. Let's clear the lungs here and let's all shout, shut up and give me murder. Let's do this, everybody. Okay, let's go on a trip, shall we? We are heading to North Dakota this week. Yeah, yeah. Not many people say that because there's not many people there. This is Gardner, North Dakota. G A R D N E R. Gardner, North Dakota. It's way at the eastern edge of North Dakota, kind of southeastern, but way at the eastern edge there. Butted up against Minnesota, I guess that would be. It's about 30 minutes to Fargo, about 2 hours and 50 minutes to our last North Dakota episode, which was Menoken. That was episode 543. It's been almost 100. It's been since like early November of last year since we did North Dakota. And we'll tell you why in this show too, because they only get about 10 murders per year in the whole state, really. So people go, why don't you do those states more? Why don't you do Wyoming, North Dakota? There's nobody there. And the people that are there aren't killing each other. They're so far apart they can't hit. They can't shoot somebody from that distance. It's hard.

[Jimmy Wissman]

They're living the dream.

[James Petregallo]

That's why there's just not so happy. No people there. That episode was the baby faced killer, which was a crazy one. This is in Cass county, area code 701, population of this town. 72 at this point.

[Jimmy Wissman]

That's a small one.

[James Petregallo]

That's a small one. I think those are the permanent residents. More people might come in the summer, swelling it to like 100. Like literally three, four more families show up in the summer and vacation there and really boost the population a lot. Median household income here is right around the national average. It's $68,750. But the median home cost is about half the national average. That is 187,500 bucks.

[Jimmy Wissman]

Good Lord.

[James Petregallo]

So not bad. Now we'll go through the town stuff quick because there really isn't a lot to talk about with this town. It is, it's a one, I think there's two little like blocks and that's the town. And then there's like, you know, farmhouses and shit. So there's not a lot going on. It was settled in 1880. They opened a post office in 1881. They planned out the city in 1882, which seems backwards. They planned out the city after it was settled in a post office happened.

[Jimmy Wissman]

It got started and they're like, oh, we're doing this all wrong. We should talk about this.

[James Petregallo]

Yeah, no shit. Well, I guess the railroad came in and then they were like, oh, we got to plan this now. Now there's. Now it's really a town. We got a railroad and everything. Yeah. The town name of Gardner came after a man named Stephen Gardner who lived here and he owned the land where the city is now or the town. 72 people. That's a stretch to call the city. It's basically just a two block farming community. That's all it is. It's a place where the farmers might gather in the morning to get some coffee or something. That's all. Now there's no reviews of this town. So I did find what seems to be the only bar in town, the County Line Bar and Grill. I found.

[Jimmy Wissman]

I have a bar called the County Line.

[James Petregallo]

County line. Yeah. Well, you know, it's in the middle of nowhere county. There's never a county line that's in an occupied space. It's always like, oh, he's headed toward the county line with a big dust cloud coming up behind him and shit, Duke boys are heading toward the county line.

[Jimmy Wissman]

The county line that I've been to in Arizona was way in the fucking middle of it.

[James Petregallo]

It's in the middle of nowhere. I'm telling you. Nobody puts a.

[Jimmy Wissman]

It wasn't county line.

[James Petregallo]

Shouldn't go right through a major city. It never does.

[Jimmy Wissman]

It wasn't even on the county line. It was square in the middle of Maricopa County.

[James Petregallo]

Oh, man. So we'll just read a couple from that. Here is five stars. Most friendly, down to earth people, real people that I've met in a long time. Honest, real people. Real peoples, actually. They say in a chill and helpful mood, I will always swoop in when I'm in the area. Love you all. Thank you so much for the help with my. And then there's a truck emoji. I guess someone helped her with her truck. And then someone else said, quote, I hear that one star. I hear the food is good, but wasn't able to try it. Sat for 20 minutes and only half the table. Even got drink orders taken. We left and found out. The rest of the group was told a half hour later that the grill was closed and they're not getting their food.

[Jimmy Wissman]

Sorry about your order.

[James Petregallo]

Yeah. And then Someone else. One star. The service sucked. And you could not get any food. It took forever to get anything. I actually canceled mine after half hour. They hadn't even started it yet and left.

[Jimmy Wissman]

Service sucked.

[James Petregallo]

Service sucked. And then somebody else just says, rude bartender, warm beer. It sounds like if they don't like you, you're not getting shit.

[Jimmy Wissman]

You're not getting anything.

[James Petregallo]

They'll just ignore you. Basically, things to do in this town. Not a goddamn thing to do.

[Jimmy Wissman]

Nothing.

[James Petregallo]

Nothing. So I found out, like, what are the things to do? And it is stargazing fun. There's nothing here. So the sky is like, it's gotta be awesome. Beautiful, really. You can hunt for ghost town vibes at the old post office site. That's another thing.

[Jimmy Wissman]

You can do ghost town vibes, not hunt ghosts.

[James Petregallo]

This feels abandoned, right? Doesn't it feel abandoned? Cool.

[Jimmy Wissman]

Feel alone. I feel alone.

[James Petregallo]

I feel like. Yeah, no one's been here in a while, right? Yeah, this is pretty wild. And then it says, this is amazing. This is hilarious. Prairie people watching or impromptu farm chats. Knock on a door politely. Or just go knock on someone's door. Who lives in the middle of nowhere. They usually react right to that. Or spot locals at the Gardner Fire hall during township meetings.

[Jimmy Wissman]

Go spot the local.

[James Petregallo]

Go spot them. There they are, everybody. Looking through binoculars. Shh. Don't spook them.

[Jimmy Wissman]

Shh.

[James Petregallo]

Everybody quiet.

[Jimmy Wissman]

We're local spotting.

[James Petregallo]

They're local spotting. Oh, there they are. Oh, I found the red tailed local. Look at him. Ooh. I found the red mulleted local. Look at him. There he is.

[Jimmy Wissman]

Ooh.

[James Petregallo]

I'm gonna take a picture. Hopefully. No, don't let it move. Don't make any noise. North Dakotans are famously friendly. Expect tales of epic snowstorms. It's weirdly therapeutic.

[Jimmy Wissman]

Okay, let's tell you about that time back in.

[James Petregallo]

Remember when it snowed? I mean, up to the middle of the door. Not, remember that, above the knob. That's a.

[Jimmy Wissman]

Remember when Aunt Judy had it up to her nipples?

[James Petregallo]

Oh, my God. Her nipples was hard for six, eight months. Boy, they were hard in August. Still, that was crazy. Let's talk about some murder. What do you say here? Okay, this is a wild. Absolutely insane. This probably could have been a regular episode if we really wanted it to be. So it's one of those. It's just got a lot to talk about. Let's start in August of 2001. Here.

[Jimmy Wissman]

Let's do it.

[James Petregallo]

August 2001. Now there's a new couple in town in Gardner. And whenever there's anybody new? Everybody notices because there's only 70 fucking people here. So think about that. In high school, the classrooms I was in, they were like 35 kids. So that would be two classrooms. So you would notice if two new kids came in. Oh yeah, you notice that shit. So two people came in. It's a husband and wife and they have a small child in tow, a three year old, four year old boy in tow. Now these people introduced themselves around town as Timothy Wicks and Diana Wicks, his wife, Timothy and Diana. Now Tim here is a big guy, over six feet tall, six foot two, six foot three, 350 pounds. I mean a big, big, giant fat guy. He's a big guy, he's a mass of a man, big jolly guy here. Now a local bar owner, I don't know if it's the County Line Bar and Grill or not, but probably could be a local bar owner named Elaine. She recalled when the couple moved to town, and I'll quote Elaine here, quote, first thing she ordered is a martini. And I said, couldn't do it. I don't have vodka and ice. I can't possibly shake some shit up and put it in a glass. And she said that can't do it. She can't do it. And she said, Diana, the wife who ordered this, was complaining that Gardner was like Petticoat Junction. And I can't even get a martini and I can't even get a pizza delivered to my house, which that's my rule for won't live there. Can I get a half decent pizza delivered? We've talked about this before, privately. It's like, if I can't get a half decent pizza delivered, it's too far in the middle of nowhere. I don't have to be in the middle of shit, but I gotta get a pizza to my house. And you also, you have to know your like, we go out of town and go to hotels and things like that. So we'll go into places, you know what bars to order, what drinks in.

[Jimmy Wissman]

Oh, for sure, yeah.

[James Petregallo]

You know, you don't order a martini beer unless it's a cocktail bar or like a nice hotel bar or something. You order a martini there.

[Jimmy Wissman]

Otherwise you look around and you go, oh, this is a bottle of beer. That's what this place is.

[James Petregallo]

This is a bottle of beer joint. We were just in Madison, I went even there, it was a nice hotel bar. Looked around, said, bottle of beer joint. And I ordered a bottle of fucking beer. That's it. This kid does not want to make a martini you know, so I don't.

[Jimmy Wissman]

Know this kid is going to make a decent one.

[James Petregallo]

No, no, that too. Yeah. You don't walk in and go, yeah, dirty Grey Goose martini. And there's like dust on the floor. They're not doing that.

[Jimmy Wissman]

And a dirty, extra dirty. No, not out of the dust pan. What are you doing?

[James Petregallo]

She's like, we don't even made a martini before. We don't even have olives.

[Jimmy Wissman]

So we got dirt.

[James Petregallo]

We got dirt. Dirty it up for you now. September of 2001, Tim Wicks applies for an accountant position at a Fargo company which is less than a half hour away. His boss, Jeff Paradon is Jeff. His Jeff told me this.

[Jimmy Wissman]

I don't have a Jeff.

[James Petregallo]

I don't have a Jeff. I wonder where he got one of those. His boss, Jeff Paradon said he talked a good line. I even made the point. I said, are you as good as you say you are? And he said, no, I'm as good as I say I am. What? That is the most mind bending, North Dakota. What's going on up there? Someone says something, you repeat it back to them and they go, he talked a good line. That's talking a terrible line. That's awful. If someone said that in a job interview, you'd laugh and kick them out of your office.

[Jimmy Wissman]

That was the annoyance of the guys in Night at the Roxbury that they would.

[James Petregallo]

Yes. Yeah.

[Jimmy Wissman]

They would say no. And then yes. And what? What are you doing?

[James Petregallo]

It's so weird, man. So he's applying for this accountant position. He's an accountant. He's also. He said he's from Milwaukee and he's a drummer. Okay. He drums. He's a drummer and he wanted to be a drummer but you know, he's got to have a job. So here he is. He said about his boss said about Timothy Wicks here. He said, I liked him. He's a very personable guy. He said he was a well qualified accountant, hired the replacement service. So it wasn't like he came in off the street and bullshitted him. A service sent him and everything. He said that. They said, well, what kind of recommendation did the placement service give him? And the boss said, they had told us that he passed all his tests with flying colors, seemed to know everything we needed him to do as far as our business was concerned. And he also thought it was cool that he played the drums.

[Jimmy Wissman]

That is cool.

[James Petregallo]

Yeah, he said. So I took him out one night to a club where they had a jam night going on. And Tim got up, he could keep a beat. Doesn't that sound awful?

[Jimmy Wissman]

That's positive.

[James Petregallo]

That's worse than open mic comedy. You can ignore a man talking. You can ignore a man. You cannot ignore a fucking bass drum and a snare and a fucking crash cymbal. It's impossible to ignore.

[Jimmy Wissman]

You're listening.

[James Petregallo]

You're listening.

[Jimmy Wissman]

You're listening.

[James Petregallo]

Yeah, like that time we tried to go to the restaurant and they had a bad band playing, and you're like, this isn't going to be over soon.

[Jimmy Wissman]

I'll give you whatever you're paying them to make them shut the fuck.

[James Petregallo]

To make them go away. So over the next two months, he gets in a North Dakota driver's license. He purchases a blue farmhouse in Gardner as well here. Gets health insurance benefits and all that kind of thing. So, you know, just ingrating, really doing it. Just ingraining themselves into the town. No, that would be making them like him. But, oh, they're being ingrained into the town. They're developing this, so they're part of it. Then in 2001, in December, there's a phone call that he gets at his home. And during this conversation, the phone call is from Timothy Wicks. You go, well, how does he call himself?

[Jimmy Wissman]

Right.

[James Petregallo]

Well, this Timothy Wicks had been a client of the Timothy Wicks that moved to Gardner, where he did his taxes the year before, and he was his accountant. So this Timothy Wicks calls and says, hey, someone is fraudulently using my credit card. You're an accountant.

[Jimmy Wissman]

Oh, shit.

[James Petregallo]

How do I deal with that? Yeah, okay, so let's talk about that Timothy Wicks. Yeah, that Timothy Wicks is born in 1954. He's 5 foot 8, 150 pounds. So, little guy. Yeah, little guy. He's a graduate of Boston's Berkeley College of Music. He's an aspiring jazz drummer who paints houses by day. And he's known for his perfect renditions of Fleetwood Mac covers, by the way.

[Jimmy Wissman]

Is that right?

[James Petregallo]

Oh, he'll play the whole Rumors album for you, just like that. No problem.

[Jimmy Wissman]

Known for it.

[James Petregallo]

Known for it. What do you want? Landslide. No fucking problem. And he just starts going, fuck, yeah, that's it. So his friend Tom said he would do anything for you. He would never hurt anyone or be malicious in any way. And his other friend said, I knew all that he ever really wanted to do in life was play music for a living. No enemies, no conflicts, just waiting for a break here. So obviously they're both not Timothy Wicks. Who's lying?

[Jimmy Wissman]

Yeah, this is that game show.

[James Petregallo]

Exactly. That One, that one. So this guy, the one in North Dakota, the one who called saying, someone's using my card, that's Timothy Wicks. That's the real Timothy Wicks. The guy calling, the guy calling the guy in North Dakota just stole his identity. Being his accountant, knew all of his information, stole his identity and is using it in North Dakota for his own purpose.

[Jimmy Wissman]

Why is he doing that?

[James Petregallo]

Well, let's find out who this guy is and why he's doing it.

[Jimmy Wissman]

What the fuck?

[James Petregallo]

This is Dennis James Gade. G A E D E. He's born in 1963. He's also a Milwaukee native, so they're both from the same area. He's the youngest of five siblings. Now, when he gets the phone call from Timothy, Diana, who actually is his wife, her name is Diana Frug, though. F R U G E. She said that's when Dennis panicked when the phone call came in.

[Jimmy Wissman]

Yeah.

[James Petregallo]

Yeah. One of those looks where the heart sinks to the floor. Just kind of pale and, um. And he started stuttering. Didn't expect this.

[Jimmy Wissman]

Yeah, he's already caught.

[James Petregallo]

Yeah, he's got a nice criminal history, too. 1987, concealing stolen property. He tried to be an informant for the Marshfield Police Department for a while, but they got rid of him because he was doing some shit. We'll talk about. Got arrested for bad checks in 1994, party to escape, and aiding a felon in 1995. Here's a quote from Dennis about his life. Quote. Ever since I was in law enforcement, it's been chaotic. I. I didn't have a criminal record until I got involved with law enforcement, which isn't true, by the way.

[Jimmy Wissman]

Yeah, you got involved with them because of it.

[James Petregallo]

That's what's crazy. He worked as an undercover officer, basically. We'll talk about it. In 1987, a detective told him because he was caught for a felony, so right away his story falls apart. Meaning it's garbage. Yep. He said, the detective told him, here's your opportunity to turn this felony into a simple mistake and everybody goes home happy. Just help us out. So he was living in Milwaukee. He was married with two children at the time, operating his own garage, like mechanic garage. He worked on cars and had a tow truck and he had a Harley also that he rode around on. And he would put his four year old daughter on the back, which is very advisable.

[Jimmy Wissman]

What the fuck, guy?

[James Petregallo]

Yeah, that way if you get hit by a car, she'll shoot into the air 30, 40ft.

[Jimmy Wissman]

You should have a. Well, an age in mind before you put her on the back.

[James Petregallo]

You want to kill yourself? Double digits. Go ahead. Yeah, definitely. For sure.

[Jimmy Wissman]

It's definitely beyond six years from now.

[James Petregallo]

Beyond puberty, I would say that's about right. So, yeah, he hung out at a biker bar, and basically he had a bad investment in some used tow truck parts, as it was put. He bought some stolen shit, apparently.

[Jimmy Wissman]

Used tow truck parts.

[James Petregallo]

That's what he said.

[Jimmy Wissman]

Chop shop shit.

[James Petregallo]

Exactly, Exactly. No shit. So he said that he jumped at the chance to make this felony go away. The police wanted information on some of the patrons at the biker bar he hung out at. And so he said, sure, no problem. And he was giving him any information he could. He said he wanted to stay on the right side of the law. So he signed up for police science classes at Waukesha Community Technical College. He didn't graduate, but they hired him in 1991 with the Marshfield Police Department in Wisconsin to work undercover drug cases that ended terribly so badly, he ended up pleading no contest to two misdemeanors, including cocaine possession and obstructing an officer. Yeah, that means your time on the force didn't go well. I say you may have fucked up. He fucked up good. He served 90 days in jail for that.

[Jimmy Wissman]

Ooh.

[James Petregallo]

And one of the police chief of Marshfield said, I remember him promising a lot of things, but within a short period of time, we came to realize he was a blowhard and was not able to deliver on the promises he made. The only conviction he got us was himself. He made one case, and it was for him.

[Jimmy Wissman]

And he fucks up a lot, huh?

[James Petregallo]

Oh, he fucks up a lot. So then he got divorced. He moved to Sparta, Wisconsin, where, with help from his mom, he opened Big D's restaurant. He's Dennis Big D's Big D's Restaurant, housed in the American Legion Hall. And on the side, he would collect information about bikers for the Monroe County Sheriff's Department. Doesn't seem smart.

[Jimmy Wissman]

No. That is so dangerous.

[James Petregallo]

And then at one point, the police department people that he talks to asked him to hire a jail inmate on work release. They said, we're looking for a job for this guy. He said, sure. So he said he was convinced, looking back, that it was a setup. The police were trying to bring him down because he had evidence that a cop and a prosecutor were involved with drugs and murder. So this was all a big setup. So the Monroe county district attorney says that Dennis was the one who volunteered to give the inmate a job. And he calls the rest of his allegations. Ludicrous, he said, I certainly don't believe there was any kind of setup. I find that fact kind of ridiculous. Either way, the inmate takes the job and took off. During his first day on the job, Dennis found him. Apparently, Dennis found himself at this point charged with being a party to the crimes of aiding a felon and escape. So they're saying that he helped him get away, and Dennis is saying this is a big setup. And by the way, the bikers that he's been talking about found out that he's been ratting on them also. That's not good.

[Jimmy Wissman]

Oh, shit.

[James Petregallo]

So he's a weird guy. So he. For two years, he lived away from the bikers. He said he got away from everybody, he said, though. Then in 1995, one of the biker gangs tracked him down.

[Jimmy Wissman]

Oh, they found him.

[James Petregallo]

Yeah. There's. Okay. A rural Wisconsin biker gang. They are so fucked up on beer and meth. They're not going to remember you next week, probably. Unless you stumbled in there and was like, hey, I'm that guy. Remember me?

[Jimmy Wissman]

Yeah. I don't think they've got many trackers in their crew.

[James Petregallo]

Probably not. Yeah, not then. So he had to disappear, he said. And he said that he had to take another. He had to not only leave, he needed to go by a different name and everything.

[Jimmy Wissman]

Oh, assume a new identity.

[James Petregallo]

Yes. And that's not Timothy Wicks, by the way. That's later. This is his first. Yeah. He chose the identity of a Canadian boy who died at the age of seven in 1981 named Luke Gagnon. So Dennis got a birth certificate and the Canadian equivalent of a Social Security card in Luke's name. So he called himself Luke. Blended into the Winnipeg area. Just acted like nothing happened. He started a band called Widow with a guitarist that he found. When you're hiding out, the best thing to do is get on a stage with lights on you.

[Jimmy Wissman]

Lots of lights on, the only person in the room. Be that guy.

[James Petregallo]

That's the guy to be that every. Everybody, look at this.

[Jimmy Wissman]

Nobody.

[James Petregallo]

All the seats appointed. No. So they cut. They even made a CD and everything.

[Jimmy Wissman]

Wow.

[James Petregallo]

He got a job as an accountant and went back to school studying business administration. Fell in love again, had another son.

[Jimmy Wissman]

Yep.

[James Petregallo]

Planned a wedding at a park and all this type of shit and everything was great. But then he applied for a student loan to help pay for college tuition. The guy in the loan office typed his name into the computer, Luke Gagnon, and told him, quote, you're dead.

[Jimmy Wissman]

I can't do this. You are deceased.

[James Petregallo]

We can't lend money to a dead child. Usually that's not gonna work. You're dead in seven, so this isn't gonna happen. So Dennis said, huh? What are you talking about? And he said, I can't be dead. I'm standing here. What are you talking about? How could I be dead? And this guy seemed. I said, it's probably a software glitch. It happens. I'm sure you know something. Somebody pressed the wrong button when they were killing somebody else off, and yeah, it happens.

[Jimmy Wissman]

Fixed and come on back.

[James Petregallo]

That's all. But he got nervous, Dennis. He was like, oh, shit, they're on to me. And he was right. Because about three days later, at 7am, the police kicked in his door and they told him, we know you're Dennis Gade, and you're in deep shit. You stole a. You stole this kid's identity. You also wanted him in Row County, Wisconsin. There's a warrant out for helping someone.

[Jimmy Wissman]

Escape, probably why you're doing this.

[James Petregallo]

According to the warrant, Gade had called the jail and volunteered to give the inmate a job, as they talk about, as part of a sophisticated escape plan. And Dennis says it was a setup, obviously. So he says that the Canadian authorities didn't bother prosecuting him for the identity theft. They just wanted to kick him out. So he crossed the border out of Canada and entered the United States in Pembina, North Dakota. And he said there was no cops waiting to arrest him. Oh, there was nothing clear. That's his version. The CBC has a different version. The Canadian Broadcasting Company. They said he tried to get refugee status in Canada. This is from. I'll read this article. An American who assumed the identity of a dead Manitoba boy for three years wants to stay in Canada. Dennis James Gade is claiming refugee status because he says he fears he'll be killed. Back home, he worked as an undercover cop for various police forces in Wisconsin and fears people are gunning for him. He assumed the identity of Grant Douglas Lindblom, a Manitoba boy who died in 1963. So he's at two different ones. There was Luke Agnon, and then there's this one. He used that name to get his paperwork. He pleaded guilty to five fraud charges in Winnipeg and was sentenced to three months in jail. Dennis left all of that out.

[Jimmy Wissman]

What a dick.

[James Petregallo]

What a dick. So he said he walked along the road till he came to a church. Now he's just singing, fucking, you know.

[Jimmy Wissman]

I'll be working on the railroad or, you know.

[James Petregallo]

And I began to pray. What is that?

[Jimmy Wissman]

I don't know, I don't know.

[James Petregallo]

Mamas and the Papas. The fucking.

[Jimmy Wissman]

Oh, I don't know the song. I'm gonna miss it.

[James Petregallo]

California Dreaming. California Dreaming. That's what he's doing. Yeah. Walked into a church. Yeah, he said he walked into a church. Same thing. And he said, just walked up and found a church. And he said the minister, whose name he can't recall, obviously fed him and let him stay the night. Then the next morning, the minister gave him a bus ticket to Milwaukee and a duffel bag. Wow. He said he looked inside the duffel bag and there was a six pack of Budweiser and a half a bottle of Jack Daniels. This sounds insanely made up. This guy. Nothing he says is true. Hey everybody, just gonna take a quick break from the show to tell you some good stuff about some good food here with Little Spoon.

[Jimmy Wissman]

Little Spoon dot com.

[James Petregallo]

Yeah, we've all been at this moment. If you have kids, you've been there. It's almost 6 o'. Clock, they're getting restless, they're wanting some food. And you look in the fridge and you're like, oh no, I have. What do I do here? I have nothing. You don't have any dinner plan. You got nothing to do.

[Jimmy Wissman]

None of these do a meal make.

[James Petregallo]

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[Jimmy Wissman]

Now back to the show.

[James Petregallo]

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[Jimmy Wissman]

Oh, flight.

[James Petregallo]

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[Jimmy Wissman]

Now back to the show.

[James Petregallo]

So he said he decided, though, he really liked North Dakota even though he was going back to Milwaukee. So he ends up back in Milwaukee. He got married in May 2001 to another woman.

[Jimmy Wissman]

Really?

[James Petregallo]

Yeah. He turns it all over real fast.

[Jimmy Wissman]

That's impressive. Yeah.

[James Petregallo]

He married Diana Frug at Milwaukee county courthouse. Her three year old son Joshua always calls him Daddy Dennis, which just makes me think of wild and wonderful white. So Dennis is this. Dennis is this. So he marries her. Her story, she's had a run too. One of her ex boyfriends was an abusive ex convict. Another one just beat her fucking severely over the course of months in Milwaukee somewhere just on the road. Yeah. Who knows? Another one beat her. Even though she got several restraining orders. He would track her down and beat her more so. She's a single mother, has two kids, has an older daughter, a teenage daughter from two different fathers. Obviously. They met in early 2001. She was a beautician who managed the West Alice apartment building where she lived. Dennis was renting office space below the apartments. That's how he met. Diana thought of him as a friendly guy who ran the accounting office and that's it. She didn't picture himself, you know, being with her or anything. He was overweight, wore Glasses was bald. Leave me alone. Not an attractive man. No, he's. Dude, his head. Yeah, his head is huge. It's this big fat head.

[Jimmy Wissman]

And then he put glasses on.

[James Petregallo]

Oh, yeah, he put glasses on. He's got like stringy, balding blonde hair.

[Jimmy Wissman]

It's not too bad. No, he's hanging on to it.

[James Petregallo]

It's bad. Yeah, he's terrible looking. She said he was sweet and enthusiastic and funny, though. And he started dropping by her place for a beer after work and, you know, all that kind of thing. And he asked her out and she said, I don't know, I can't leave my teenage daughter home alone. So he suggested bring Rachel along with us. That's the teenage daughter. And the three of them had a great time at the Red Lobster. That's just a hell of a night. Yep. And the three year old loved Daddy Dennis right away. And Daddy Dennis, within two months, he proposed. He told her she could quit working and just stay home with the kids. And she was like, I don't have to be a single parent. I don't have to do all this. This sounds great. He's a charming guy. She said that his looks made up. His looks and his charm made up for his failings in the looks department. So they got married. Failings. They're married less than three months. When he told her that he's been charged with two felonies back in 1995 that he's still wanted for.

[Jimmy Wissman]

Yeah, it's been a while, but don't.

[James Petregallo]

Worry, don't worry, they'll come. And he swore he's not guilty, though. And he said, you know, so she said, oh, I'm sure he'll be acquitted, you know. So she drove guilty. Yeah, she went with him to this courthouse in Sparta, Wisconsin for his trial in July of 2001. But she had to wait outside because she had the kid. And they went with a three year old in a fucking courtroom because they're disruptive. Yeah. He was convicted of being a party to crimes of aiding a felon and escape. Even though he had jumped bail and took two separate identities and went to another country, they somehow gave him bail pending sentencing.

[Jimmy Wissman]

Real.

[James Petregallo]

So he's free on $10,000 bail pending sentencing. He told his new wife, there's no way he's going to jail. He said, everyone's there to get me in that part of the state. The prosecutors, the bikers, the cops, they all held grudges. And as soon as I'm in there, they're gonna kill me.

[Jimmy Wissman]

The bikers Too.

[James Petregallo]

All of them. They're still mad. Yeah. Bikers are still mad. So he takes off. He's got his felonies there. He jumps bail. And Diana said she didn't argue because the young boy's father was giving her a ton of grief and she was sick of dealing with him. She knew it would be illegal to violate their cust agreement and run away with the kid, but she told herself that the boy would be better off if she just took off with him.

[Jimmy Wissman]

She's probably right.

[James Petregallo]

And she said she didn't want to leave. She didn't want to not. She want to be a single parent again. She said.

[Jimmy Wissman]

Right. That sucks.

[James Petregallo]

Yeah. And so she sent her teenage daughter with the kid's dad and the three of them move out of town. Dennis, Josh, Daddy, Dennis, Joshua and Diana. So they go to Fargo, North Dakota. He starts using Timothy Wicks's identity because he had prepared his taxes. Problem is, he starts getting in trouble at his new job.

[Jimmy Wissman]

Oh, you dipshit.

[James Petregallo]

Yeah. They asked what was the first sign that something was off. And one of the employees said, like a $20 petty cash check. Where did it go? And where are the receipts? Just some real minor things. But then his bosses started noticing some major things. His boss here, this paradigm guy, said, well, I'm thinking it's awful and odd that there's a $4,000 check written to petty cash when we don't keep a petty cash account.

[Jimmy Wissman]

Ha.

[James Petregallo]

That's a weird one. He said, we found they were indeed deposited into an account belonging to Tim Wicks. They also discovered that Wicks gave himself a Christmas bonus that he wasn't entitled to. Well done. I have done a hell of a job this year. I feel like, you know, I deserve this.

[Jimmy Wissman]

I've been such a good boy.

[James Petregallo]

His boss has called the Fargo police, who started investigating Tim Wicks for embezzlement.

[Jimmy Wissman]

Yeah.

[James Petregallo]

So they started asking. They're asking him questions and shit like that. And anyway, so he. At one point, they tell him, I guess the police opened up the investigation. And they talked to Dennis. Dennis, Tim, and he said that I'm not doing anything. The founders of the business, Compressed Air, they are cheating on their taxes and they're trying to put it on me. Oh, that's what it's about.

[Jimmy Wissman]

I'm a patsy.

[James Petregallo]

Yeah. He said, I'll come to the station. I'll show you evidence. And so he couldn't fucking do that, obviously. But it bought him a couple of days.

[Jimmy Wissman]

Sure.

[James Petregallo]

Then the real Tim Wicks calls him and he goes, oh, Fuck. Now if the walls are. They're closing in as they crumble. Like, this is not him too. Yeah, it's gonna be a pile of rubble is gonna get him eventually. So on Christmas Eve 2001, the real Tim Wicks tells his brother in law that he's headed to Canada with Dennis Gade for a jazz drumming job. Oh, he's got each of them a job. Drumming. Yeah. And they can make $800 a week playing drums in a bar, which seems like a lot of money for it.

[Jimmy Wissman]

Seems like. Why would you do anything else?

[James Petregallo]

Yeah, just do that. But he also says Dennis wanted it to be a big secret. So don't tell anybody.

[Jimmy Wissman]

Don't tell anybody. Why would you?

[James Petregallo]

Why? December 25, 2001, Christmas Day, Tim Wicks, the real one in Milwaukee, leaves a note with his landlord. And it just says, dennis and Tim Wicks. And leaves a phone number where he can be reached in, I guess, Fargo. And then saying, there's a band, I have a band gig in Canada, I have to leave, blah, blah, blah. If you need anything, this is where you can reach me. December 26th, people, friends watch Tim and Dennis load drums into Tim Wick's car outside his apartment, and they head to Gardner to get ready for the trip.

[Jimmy Wissman]

Okay.

[James Petregallo]

December 29th, Dennis calls his job, which he doesn't know that they think he's embezzling yet, to borrow. To ask to borrow a company pickup to haul a U Haul trailer. And they said, no, not going to allow that. So then that evening, Tim Wicks credit card is used to rent a backhoe in Gardner. Oh, December 30th. This is the Fleet Farm in Fargo. Here's purchases with Tim Wicks's credit card. An axe, heavy gloves, burlap sacks and large shears, and a backhoe. And he's already got the backhoe. And he rents a U Haul truck with Timothy Wicks, his credit card as well.

[Jimmy Wissman]

Oh, boy.

[James Petregallo]

So his friends haven't heard from him when he was supposed to call. So they start calling the cops, saying, we don't know where our friend is. The cops say, well, he's an adult who literally moved away from here.

[Jimmy Wissman]

Yeah, he can do whatever he wants.

[James Petregallo]

Maybe he's ignoring you. Like, maybe he's done with you. Like, I'm not gonna. What are we gonna do here?

[Jimmy Wissman]

Who knows?

[James Petregallo]

So they visited his apartment manager, and the apartment manager gave them the phone number. Well, if you're looking for him, this is the number he left behind. So they traced the number to Fargo, but couldn't. Couldn't find him there, obviously. So. January 2, 2002, the Cass County Sheriff's Department performs a welfare check at Dennis's residence in Gardner. Trying to find Tim. Yeah, because people are looking for him. They find his car there, but no one's home, so they leave a note on Tim's car. Hey, call us. There's people looking for you. Later that day on the Michigan side of the Menominee river, which is between. Menominee river, between Wisconsin and Michigan. There, they find a torso. Someone finds a torso on the riverbank.

[Jimmy Wissman]

Oh, no.

[James Petregallo]

Yeah. Didn't quite get into the river just sitting there. No head, no hands, torso. Okay, so this is like, you know, the Russian guy from the wire killed this guy or something here. January 4, 2002, a U haul is returned to the Fargo location by Dennis. The mileage on the u haul is 1786 miles.

[Jimmy Wissman]

Dang. This thing went running.

[James Petregallo]

That is a lot.

[Jimmy Wissman]

Yeah.

[James Petregallo]

January 7th, Tim Wicks. Dennis, though, real. Really? Dennis reports for work for the last time in Fargo. Okay, okay. The cops are still looking for Tim. So they get in touch with the Fargo Police Department, which claims they're investigating a Tim Wicks, too.

[Jimmy Wissman]

Oh, great.

[James Petregallo]

That's super weird, you know? Is this the same guy? So they were like, what? There's two Tim Wicks, and you're looking for him, and we're looking for. That's weird. So they said, well, the Tim we're after is a drummer. Pretty decent drummer. And he goes, my guy, Two. Holy shit. We're both looking for Tim Wicks as a drum. It's got to be the same guy. Then after a minute, they go back and forth here, and they go, wait a second. Let's get descriptions here. The one is 5, 8, 150 pounds. And then they say, oh, my guy's 63350. And they go, okay, not the same guy. They couldn't be two different guys, physically different. And he's balding, wears glasses. The other guy has hair. He's short, skinny. None of it makes sense. So they said they saw pictures then of both men, and they went, yeah, these are not. That's Dennis Gabe, and this is Tim Wicks. Like, these are different. So they were like, where is the real Timothy Wicks? So this detective. Please stand up. This detective in Milwaukee had a bad feeling about Tim Wicks here. Some guy using his identity.

[Jimmy Wissman]

Way to have a hunch.

[James Petregallo]

Then one of the cops says, hey, we got a bulletin a few days ago from the Michigan State Police. You know, a lot of notices, you get from neighboring states, and they just kind of go up on the board for a minute, and then they're gone. It's been filed away in a binder. So this guy dug it out. And it's saying that we found a headless, handless male body aged 40 to 50, on a riverbank. No tattoos or scars, no other distinguishing characteristics. So this guy said, let me call Michigan. This is the Milwaukee investigator. And then he's told about that. January 16, 2002, about 35 miles upriver from where they found the torso. A surveyor was rowing, looking for precious metals there.

[Jimmy Wissman]

Yeah.

[James Petregallo]

And the temperature was below zero that day. The water was close to a dam, so the constant flow kept it from freezing. So it was a place you could look. He saw something on the river bottom, didn't know what it was, poked it with an oar. And it's a human head.

[Jimmy Wissman]

It's a head.

[James Petregallo]

It's just a head. God damn it. So this is about. I think it's about 12 miles from the torso. In the head, a bullet wound is found.

[Jimmy Wissman]

All right.

[James Petregallo]

And they said both parts happened to be everything ended up at the Milwaukee morgue. For some reason, they'd been sent there because murder cases, I guess, they have a better forensic pathologist in the middle of nowhere. So. Yeah, that was in Niagara, Wisconsin. They were able to use dental records and DNA to identify the remains as Tim Wicks.

[Jimmy Wissman]

Of course.

[James Petregallo]

So we found Tim. An autopsy. A Tim Wicks. We have one of those.

[Jimmy Wissman]

Yeah.

[James Petregallo]

An autopsy determined that he was shot and suffocated to death.

[Jimmy Wissman]

Ooh.

[James Petregallo]

So who could have done this? Well, one guy is openly using his identity. That might be the person to talk to. So then on January 23rd, Dennis calls his old boss, Jeff Paradon.

[Jimmy Wissman]

Yeah.

[James Petregallo]

And he said that basically they're looking for him for embezzling $9,000 from them over nine grand.

[Jimmy Wissman]

He's running.

[James Petregallo]

He's running. So he calls his old boss and says, if there's anything that I could. That the guy could get out of the house that he has, that would make up for what he's taken. You can take. You're welcome to it. Basically, go to my house, look around. If you can piece together nine grand worth of shit, you're welcome to it.

[Jimmy Wissman]

Take what you want, get out, and we'll call it even.

[James Petregallo]

So he calls the cops instead. This guy, he's like, I'm calling the cops. The detective tells him, don't go near there. And he says, let me tell you something. The real Tim Wicks is dead. Keep that under your hat, but.

[Jimmy Wissman]

Oh, we know it. Hard to know we know it.

[James Petregallo]

This is bigger than your nine grand, basically. So then they search Dennis home, the blue farmhouse and Gardner. No one's there. They knew that. So they look all around. The driveway's empty, there's mail piling up. They said they're looking around. They said the whole kitchen floor is just luminous. I've never seen anything like this one. The entire kitchen floor was cleaned with straight bleach. There's no blood. It's just bleach. Whole floor bleached.

[Jimmy Wissman]

All bleach?

[James Petregallo]

Yep. They say nothing found in the house. No blood evidence. They do found a mop with reddish brown fluid that tested negative for blood. Oh, they found marks in frozen ground near the house from a backhoe. And they found women's shoes that they're going to keep for footprint comparisons. Then they realize that multiple bank withdrawals from Tim Wicks account. He's stolen a total of $17,000 from Tim Wicks, where he purchased a 1989 Travel Master RV as well. So, February 15th, 2002. Dennis is wanted by the FBI now. Yeah, this isn't a Milwaukee cops. There's warrants in North Dakota, Wisconsin, and Diana has an outstanding warrant in Wisconsin for taking her kid, too.

[Jimmy Wissman]

Her husband called him Diana.

[James Petregallo]

So now. So they put out a big APB for him. They're saying he's Dennis Gade or Tim Wicks or Grant Lindbaum or Grant Garou or who knows this time, you know what I mean? Could be Luke Gagnon. Could be anybody. White male, 38, between 325 and. 375 pounds. Possibly a mustache is what he is. Yeah, he has a skull with a music note tattoo on his upper left arm. Even a shitty tattoo. The FBI said he might be traveling with his wife Diana and her five year old son in a 1989 Chevrolet Travelmaster motorhome with Wisconsin plates, A3.

[Jimmy Wissman]

Watch out. For a man with a full shitter.

[James Petregallo]

Watch out. Oh, you know it's coming. Full shitter and a lit cigar. Watch out. Now they're on the run. They were going to Canada at first.

[Jimmy Wissman]

Yeah.

[James Petregallo]

Now what he did, they got to Canada though, and he told Diana, you and the kid drive the RV across, I'll get out and sneak through the woods across the border since I'm banned from the country, since I got deported.

[Jimmy Wissman]

We'Ll meet up elsewhere.

[James Petregallo]

You just picked me up on the other side. And she said, we can't do that. That's crazy. So she said I took Joshua from her father. I have warrants, too. If I try to take the kid across, they're going to look into that, and I'm going to get busted. So he said, okay, we're going to Mexico instead. They were at the Canadian born room.

[Jimmy Wissman]

We're going to u turn it.

[James Petregallo]

Turned it around. Their plan to live on the beach and sell fruit from the back of a truck.

[Jimmy Wissman]

God damn. Imagine that's your getaway. That's your dismount from nine grand.

[James Petregallo]

Well, nine grand and all sorts of other charges.

[Jimmy Wissman]

Yeah.

[James Petregallo]

But he.

[Jimmy Wissman]

That's crazy.

[James Petregallo]

He knows he's in more trouble than that.

[Jimmy Wissman]

Yeah.

[James Petregallo]

He does not want to go to jail. So. March 4, 2002. This is @ the camp away camp a way campground with dashes in there in Lincoln, Nebraska. Dennis, the whole clan here. They drive into the campground about 8pm on a Sunday. Diana paid the $19.93 registration fee with cash. The owner said he didn't notice anything strange about either of them. He only saw them briefly. They bought a soda from the vending machine, and he said, we see 10,000 RVs a year, so there's nothing to make us suspect. It was just a normal registration. So it's a private campground, and it was a real nice one. Clean showers, laundry room. And Diana begged Dennis to stay for one more day so she could wash Joshua's sheets and blankets because he'd been wetting the bed lately, his mother thought maybe from nerves. So they stay an extra day. Now a Minnesota couple who'd camp next to them in Tennessee recognizes them from the news and tips off authorities. Then there's somebody who ends up back in North Dakota after seeing them at the campsite and seeing their pictures on the news as wanted. So they call the cops, too. So everyone's called the cops on them now. So the. They swarm.

[Jimmy Wissman]

They clearly stand out.

[James Petregallo]

Absolutely. They swarm the place and they arrest them. They said Diana said Joshua was screaming at the top of his lungs. And he said, mom, were you bad? Because it's like there's like 30 cop cars and the FBI a little bit. So Dennis, now, he is a flight risk.

[Jimmy Wissman]

Yeah.

[James Petregallo]

He's not charged with murder at this point, just the embezzlement and everything like that.

[Jimmy Wissman]

Yeah, they don't know anything. Yeah, I mean, they know, but they.

[James Petregallo]

Don'T have a case yet, so. But his Bail set for $3 million because he's such a bad flight risk. So both of them refused to waive extradition from Nebraska, so they had to get a governor's Warrant and do all this bullshit is a real big pain in the ass. But they ended up getting getting him back to North Dakota. He's also wanted in Wisconsin like we said now about murder charges. They said there's no additional charges against Dennis are pending. Not yet. They said we have an active investigation going. When that's concluded, everyone that has an interest in this matter will decide. Diana faces a felony warrant from Milwaukee for interfering with parental custody of her young son. The child was with them. He was then returned to his father in Wisconsin, now in jail in Nebraska. Diane has a big fucking mouth, really. She starts telling the inmates that she's in there because she killed a guy. I killed him because he raped me. That's what he says. She says, tim Wicks raped me and I killed him.

[Jimmy Wissman]

Not a lot of shut up in this girl, huh?

[James Petregallo]

No, not at all. They also, there's Diana writes to Dennis and he writes back love letters from jail as well.

[Jimmy Wissman]

Oh, that's nice.

[James Petregallo]

They discuss the fake rape statement, too. Oh, you should say this. Yeah, good. Dennis letter. Basically, Dennis wrote, said all these guys that committed grisly crimes and made money on books and stuff, and he said he could write a book and make some money and be one of those guys. He told Diana as well. Sure. What the hell? Hey, everybody. Just gonna take a quick break from the show to give you a better way to dress with quints.

[Jimmy Wissman]

Quince.com Q U I N C E.com.

[James Petregallo]

Oh, yeah, we love Quince. And as the weather's starting to cool off, you gotta start swapping out your clothes here. Oh, yeah, you do more summer stuff. Put the shorts away. Get yourself some fall gear. You need warm, durable, built to last things. And Quints delivers every time with wardrobe staples that'll carry you through the season. Quint's has the kind of fall staples you'll actually want to wear over and over again. Like 100% Mongolian cashmere for just $60. That's a great deal. Classic fit, denim and real leather and wool outerwear that looks sharp and holds up, I'm telling you. I got this leather jacket that I got in the spring, and I'm dying to wear it from Quince. And I haven't been able to wear it because it's been warm. So I'm looking forward, I think. Seattle Live show. Break it out there for that good stuff, man. I'm telling you. I got my eye on their suede trucker jacket. That's pretty cool, too. It's perfect for layering and just looks really casual. But put together, it's cool stuff. By partnering directly with ethical factories and top artisans, Quince cuts out the middlemen to deliver premium quality at half the cost of similar brands, including Jimmy's linen outfit that he has there. It's awesome stuff. Layer up this fall with pieces that feel as good as they Look. Go to Quince.com SmallTownMurder for free shipping on your order and 365 day returns. Now available in Canada too. That's Q U-I-N C-E.com SmallTownMurder free shipping and 365 day returns. Quince.com SmallTown Murder now back to the show. Hey everybody. Just gonna take a quick break from the show to tell you how to get your finances in better shape with Rocket Money.

[Jimmy Wissman]

Rocketmoney.com you know it.

[James Petregallo]

A lot of people are not aware of how much money they spend each month. They just don't know. Do you know how many subscriptions you pay for off the top of your head? Who knows? I don't know. There's tons of stuff. What about how much you spend on takeout or delivery? It's probably more than you think, but there's an app designed to help you manage your money better, and that is Rocket Money. My goodness, are they great. Rocket Money is a personal finance app that helps you find and cancel your unwanted subscriptions, monitors your spending, and helps you lower your bills so that you can grow your savings. Rocket Money shows you all your expenses in one place, including subscriptions you forgot about. If you see a subscription you no longer want, Rocket Money will help you cancel it. And that's what they did for me. I literally was paying for something for four years I didn't even know I was paying for. Thank you, Rocket Money. That was amazing. Their dashboard lays out your total financial picture, including bill due dates and pay dates, in a way that's easy to digest. You can even automatically create custom budgets based on your past spending. If you got a goal that you're saving for, Rocket Money can analyze your accounts to find the best time each month to put money aside. Get alerts if your bills increase in price, if there's unusual activity in your accounts, if you're getting close to going over budget, even when you're doing a good job, they're going to tell you that too. Rocket Money's 5 million members have saved a total of 500 $400 million in canceled subscriptions, with members saving up to $740 a year when they use all the app's premium features Cancel your unwanted subscriptions and reach your financial goals faster with Rocket Money. Go to RocketMoney.com SmallTownMurder today. That's RocketMoney.com SmallTown Murder RocketMoney.com SmallTown Murder.

[Jimmy Wissman]

Now back to the show.

[James Petregallo]

Hey everybody. Just gonna take a quick break from the show and tell you how to be much safer with SimpliSafe.

[Jimmy Wissman]

SimpliSafe.com S I M P L I.

[James Petregallo]

Safe.com oh, you know what I'm telling you, we hear horrible. This is small town murder. The stories we hear are horrendous. So many awful things that could.

[Jimmy Wissman]

And they happen.

[James Petregallo]

They happen all the time. Listen, we have 600 something episodes of it. And a lot of these could have been very easily prevented by Simplisafe. That's the thing. I'm telling you right now. Yeah, there's so much craziness out there. Can a home security system really call itself security if it's only responding once someone's inside? That's not really security. What good is that? You're being murdered. Who cares at that point? Yeah, come and mop up later. Doesn't matter. You need them to be there beforehand. And that is where simply self. Simply safe. I'm sorry. I love Simplisafe. That is where simply safe comes in. There's now a way you can actually stop someone from entering your house. It is simply safe. And they're AI powered cameras. They detect threats while they're still outside your home and alert real security agents. They can even talk to them and yell at them. It's amazing. This is a game changer. The agents take action while the intruder is still outside. They confront the intruder, letting them know they're being watched on camera and that police are on their way. And they even sound a loud siren. You can trigger a spotlight if needed. This is how you stop a crime before it starts. That's real security. Other systems have cameras that let you talk to intruders, but they require you to see the alert yourself. And then you have to do it. Simplisafe takes care of all that for you. Their monitoring agents have your back and talk to intruders even if they aren't there. There's no long term contracts or hidden fees. You can cancel any time. Named best home security system by U.S. news & World Report for five years running. 60 day money back guarantee. So you can try it and see the difference for yourself. I'm telling you, we use Simplisafe. Yes, it on my house, have it on my office, the studio, everything we have Is Simplisafe protected? Because there's just no better, better way to do it than the way they do it. I'm sorry. It's just great stuff. And right now, our listeners. You guys can save 50% on a SimpliSafe home security system at simplisafe.com small. That's simplisafe.com small. There's no safe like Simplisafe.

[Jimmy Wissman]

Now back to the show.

[James Petregallo]

Then he does some jailhouse interviews, because that's gonna be smart. And he said this to the Forum newspaper. When people walk into the jail, almost everyone knows who I am. They base popularity on your criminal act. And he said about the FBI, I had them at the edge of their seats. I bet very shortly they're going to announce that they were pointing the finger at the wrong person. And then they asked him about Tim Wicks's death. And he said, I'm not worried about it at all. I'm not the one who killed him. Okay, February 2004. Here we go. Diana does six months for her parental custody thing. He's still in jail, but only for the embezzlement and the thing he was wanted for in Wisconsin, too. That's what he's in jail for. So their cops want to talk to Diana because they really want. It's been over two years. They want to charge something. So they said, okay, let's talk to her once she's released. The cop, the detective, had visited her, like, twice a week trying to get her to talk to jail once she's released, he still keeps going. Two years pass. And they interviewed her in February 2004. They said it was difficult because there's law enforcement agencies from three states, there's tons of evidence, and all this shit. They said, because we have multiple agencies involved, it's taken some time to put together all the interviews we needed and all the information we thought was appropriate. Now, her initial statement is, I killed Tim. Okay, because he raped me.

[Jimmy Wissman]

Right? Yes, victim. So now he is, too.

[James Petregallo]

The police say, we don't believe you. No, we don't believe that you killed him, and we don't believe he raped you either.

[Jimmy Wissman]

So samesies.

[James Petregallo]

Yeah, Both of these are no good. And then finally, she cracks after a while.

[Jimmy Wissman]

Yeah.

[James Petregallo]

She said, because they're also probably saying, you know, you're gonna be involved in this, too. You should probably tell us what happened.

[Jimmy Wissman]

Oh, yeah.

[James Petregallo]

She said, quote, dennis had told me that with his felonies in Wisconsin, that if he was convicted of murder, he'd never see daylight again. So we Concocted a plan. He told me if I could convince a jury it was self defense, I'd be free in eight or nine years and we could be together again.

[Jimmy Wissman]

Oh, great.

[James Petregallo]

Wow. So they said, why did she take so long? Well, she said that she hoped DNA or some other physical evidence would tie Dennis to the murder so he could be charged without her. Basically, she didn't want to be involved. But she said now that time passed, it's pretty clear that's not going to happen. And they're telling me that they need me. So here it is. This is what happened December 28, 2011. This is at their residence in Gardner, North Dakota, between 11:00pm and midnight. She said, about eight, nine o', clock, I gave Joshie a bath and took him upstairs. Dennis and Tim were like drinking and partying and stuff downstairs, drinking and smoking pot. So she brought her three year old upstairs and she didn't smoke weed and she didn't want Josh in the room while they're smoking weed. Gotta get away from. Yeah, so she says, I went to bed and she said, Dennis waking me up in a panic and he's like, come downstairs. And we went downstairs and Tim's laying on the kitchen floor. I said, what did you do, party him out? I don't think I've ever heard. I've never heard that expression before. What a weird. Party him out.

[Jimmy Wissman]

I drank him under the table. So he's actually under the table.

[James Petregallo]

There he is, see him? It's literal when they say that I did it. He said, because I thought he passed out. And he said, no, I shot him. So she said she was confused because he was still breathing and she didn't see any blood. So how could he be shot? She said, well, he's still alive. That is when Dennis got a plastic bag.

[Jimmy Wissman]

Oh, boy.

[James Petregallo]

And put it over his head until he stopped breathing.

[Jimmy Wissman]

Oh, Jesus.

[James Petregallo]

So Diana said she went into the bathroom and threw up.

[Jimmy Wissman]

She just told him to do that? Basically, yeah.

[James Petregallo]

She's like, he's still breathing. And he's like, thank you, I'll deal with it. I'll fix it. Don't worry.

[Jimmy Wissman]

Got it.

[James Petregallo]

She said her first instinct was to call the police, but how could she explain that she was married to one Tim Wicks, but there's another Tim Wicks dead on the kitchen floor.

[Jimmy Wissman]

What a conundrum.

[James Petregallo]

What if they thought that she had been involved? What would happen to her son? What if this guy also. What if Dennis doesn't want to leave witnesses and decides to kill her? Great questions. Yeah, I'LL go along with it. So she said when she left the bathroom, Dennis was wrapping the body in a tarp. She says she helped him drag it out to the barn, which had been converted into a three car garage. Joshua was sleeping the whole time. From that point on, she said she stayed drunk on beer, bourbon, whiskey, whatever she could get her hands on. She suggested that she call or Dennis suggested you call the police and tell them that Tim tried to rape you so you shot him. And she said, I'm not doing that. I don't have the wherewithal to put that performance on.

[Jimmy Wissman]

It's a problem.

[James Petregallo]

So December 29, the COVID up has to begin in the morning. That's when the body is dragged to the barn. That afternoon is when he calls his employer, asking to borrow a pickup to haul a U Haul. That evening he rents a backhoe. He tried to dig a grave beside the house, but the ground is frozen fucking solid. Cause it's late December in North Dakota. So Diana said he planned to take him to his cottage in Michigan. And he said there was some kind of cement sewer type thing he could drop him into and nobody would ever find him. Holy shit. So then December 30th is when he buys the ax, the gloves, the burlap sacks and the shears. And everybody around there says, what do you need shears for in the middle of winter? There's no foliage, there's nothing grain to cut not trimming your rose bushes back. Rents the U Haul truck, loads the body into a wardrobe box.

[Jimmy Wissman]

Yeah.

[James Petregallo]

December 31st, New Year's Eve. They leave Fargo with the body in the U Haul. Diana and Josh still in there too, New Year's Day near Powers, Michigan. They drove and Diana said they were going to the Upper Peninsula where he had a cabin. Diana said that's when he decided to dismember him. Take his head in his hands so that dental records or fingerprints wouldn't identify the torso.

[Jimmy Wissman]

He just got wild now.

[James Petregallo]

Wow. This is from. I'm gonna steal this guy's identity.

[Jimmy Wissman]

Yeah.

[James Petregallo]

Diana said that she and Joshua sat in the front seat of the U Haul with the radio blasting as Dennis dismembered the body in the back of the U Haul.

[Jimmy Wissman]

Oo wee.

[James Petregallo]

You see weird stains in the back of a U Haul? Assume it's a dismembered body.

[Jimmy Wissman]

Probably was.

[James Petregallo]

She tried to say. She said she tried to forget the sounds of the banging and hacking. She said you could just hear bang, bang, bang. And it seemed like it was never going to stop. When they reached the menominee River. Dennis told Josh to wait in the car while they stepped out. They threw the river, threw it over the bridge at the Menominee River. She said she helped him heave the body over the guardrail, but it landed on the riverbank and didn't go into the water.

[Jimmy Wissman]

Dang it.

[James Petregallo]

She said Dennis is just too lazy to go down and push it in. So that's why they left it there.

[Jimmy Wissman]

It stayed right there because of that.

[James Petregallo]

He drove 1,000 miles but was like, I don't want to walk all the way down there and push it. Wow.

[Jimmy Wissman]

Holy fuck.

[James Petregallo]

They stopped at a gas station to wash up. She said she stood in front of the mirror and saw she had blood all over her clothes and all this. And she said, what the fuck am I going to do with myself? She said she couldn't leave. She had no money, no car. She had a three year old. What are you gonna do? So then they drove all the way back to Gardner. After dumping the torso, he returns the U Haul. She also said about the murder weapon. On the trip to Milwaukee, Dennis disassembled the handgun used to kill Wicks and had her throw it into Lake Michigan. They never find that. That's gone. So they go back to Gardner. She and Josh go in the house while Dennis takes Tim's car with the head and hands and drives off. When he gets back, he told them that he drove to the UP border and thrown Wicks his head in the river and his hands in the woods somewhere. Then they take off again driving Wicks's beloved Z24 black Cavalier that he has. Oh, loves it. Remember when that was a Cavalier? Cavalier?

[Jimmy Wissman]

Yikes.

[James Petregallo]

So they stopped at the dealership where Tim had bought it. And Diana says, I'm Tim's wife and we can't afford the payments anymore. I'm leaving the car. And before they could get a manager or anything, she was already gone. Just say, there's the car. Yeah, there's the car sitting there. They went to a Hotel on 27th street when the Hales Corners police, where Tim had lived, called Dennis cell phone number, looking for Tim.

[Jimmy Wissman]

Yeah.

[James Petregallo]

Dennis said, I'm Dennis Johnson from Bismarck. I don't know what you're talking about. I don't know Dennis Gayden. I don't know Tim Wicks. I don't know anything. So that's her story.

[Jimmy Wissman]

Wow.

[James Petregallo]

It's quite the tale. Now she hasn't gotten immunity or anything else from the authorities. They said at this point, she said, I wanted to make sure that Dennis stayed behind bars so that my children are safe and that one day my children can say their mom did the right thing. It took a while. So Dennis is in prison, sentenced to four years in prison for embezzlement. At this point.

[Jimmy Wissman]

Yeah. He has no idea what's what.

[James Petregallo]

Nope. He's serving a term for theft and fraud. He's set to be released August 1, 2005. And he's saying Diane lied about him to get on the authorities good side to win back custody of her son. He said, I did not do this thing. Something happened and I'm not sure what, but I had nothing to do with it. And the truth will come out. The only reason I'm not charged with this is because I didn't do it. That's it. So they have a time crunch, because if they're gonna charge him, they wanna charge him before they're releasing from jail, because he could disappear and be gone. He could be selling fruit from a truck in Mexico tomorrow.

[Jimmy Wissman]

That's his goal. It's his dream.

[James Petregallo]

So in this time, by the way, he and Diana had got divorced, but the fact that they were married poses a big problem because she's willing to testify against him. But North Dakota law limits how much she's allowed to say. She can't testify about things he told her only to what she saw, because it's privileged at that point, marriage, whatever. So they said there's limited prosecutorial experience in North Dakota murder trials as well, because they only have about 10 murders a year. There's no practice. And he said most of them are dunkers, Most of them are domestics, where the guy's in the front lawn with a bloody knife in one hand, a beer in the other, going, I killed the bitch. That's not a. A big murder trial. It's complicated. They said, we have a good circumstantial case, but attorneys like hard evidence, and we're not there yet. They said, you know, we don't know what to do. So they said, we can't specifically say who would be charged or with what. We don't have any murders that go unprosecuted, or we don't want to have murders that go unprosecuted. But we only get one bite at the prosecutorial apple, so to speak. So we want it to be a good bite. Now they're also worried about Dennis in court. They said he's very articulate and very smooth in his delivery of what he's telling you. He's so rehearsed. He's been through it hundreds of times in his head and to him, that's how it is. He's a con man.

[Jimmy Wissman]

So they're concerned he could win.

[James Petregallo]

They're concerned he could go up there and tell a compelling story. So Diana pleads guilty, like I said, to the interfering with child custody. But she. And by this point, she is seeing him for three hours of supervised visits, like every other weekend because of all this. They're looking for evidence, physical evidence. They go to the house a hundred times, they go over it with a fine tooth comb. They find nothing. Really nothing. They even went up to the. Or they went to the cistern even, and had a detective with a rope around his waist. They lowered him down all the way into the ground.

[Jimmy Wissman]

The cistern? Yeah.

[James Petregallo]

Couldn't find shit. They were looking for the murder weapon or something. August 2005. Finally, murder charges.

[Jimmy Wissman]

Really?

[James Petregallo]

Yeah. The DA says this case has some remarkable aspects to it. Ones that I haven't seen before, ones I trust I will never see again. It's like a true crime novel, probably. Yeah, yeah, it's a true crime book. All right. So they said in a lot of cases, you just take baby steps until you get to the final end. And that's what we're doing now. They said, at heart, I'm kind of a competitor. We always try to go from the beginning to get. We always try to go from the beginning to always get your man or woman, whatever it may be. Now, trial. It's a two week trial and 40 witnesses. A lot of people. The prosecution says that Dennis wanted to eliminate Wicks before his identity theft was exposed.

[Jimmy Wissman]

Right.

[James Petregallo]

The defense says. No, no, no. Dennis is innocent of murder. Diana is the one who killed Tim Wicks and she's a rapist. Well, yeah, they don't even say that. They say that she's just a psychopath and that Dennis only assisted afterward due to, quote, love and fear.

[Jimmy Wissman]

Terrified of her in Vegas or something.

[James Petregallo]

Yeah, so they have a. They don't have a lot of direct. They have no forensic evidence. Basically, that's it. That's basically all it is. Now they have Diana's eyewitness testimony, credit card usage trail, bank with withdrawal records, identity documents in Wicks's name, dismemberment tool purchases. That'll help a little bit.

[Jimmy Wissman]

Sure.

[James Petregallo]

But the. Diana's testimony is limited to lying multiple times about who killed Wicks. They get to ask her about that. She also confessed falsely to the murder. They're gonna grill her for that. She did help dispose of the body and didn't call 911.

[Jimmy Wissman]

That's a problem.

[James Petregallo]

Yeah. She detailed everything we told you about before in cross examination. They highlighted her initial confession, saying, you're an unreliable liar motivated by a plea deal that you got for your other shit. By the way, they never charged Diana with anything here.

[Jimmy Wissman]

Really?

[James Petregallo]

Not even after the fact? Nothing.

[Jimmy Wissman]

She's just scot free. Got away with everything.

[James Petregallo]

Yeah. She said the thing in court of how would I explain that I was married to Tim Wicks and there's another Tim Wicks on the floor and car in the driveway. My husband's supposed to be him.

[Jimmy Wissman]

She's got a point.

[James Petregallo]

She's got. It's tough. So in closing, I mean, once he's in jail, she probably should have told on him earlier than two years, but still. The attorney, this is the defense attorney, said Diana killed Wicks. Dennis only helped with the disposal. Then he says this, which will come up later. I talked to you about the fact that this case was about betrayal. We talked a little bit about Judas and the 30 pieces of silver. They don't like it. Appeals courts don't like it when lawyers make biblical references because it's. Couldn't have anything less to do with the law, you know what I mean, on earth here than that. So they don't like it because it takes the jurors into another place that's not a courtroom.

[Jimmy Wissman]

Also, if you don't, if you're not biblical, you might not understand what the fuck they're talking about.

[James Petregallo]

That's true too. The prosecutor said the real betrayer was that man right there. He betrayed his friendship with Timothy Wicks. His were the greater sins. He was the one who committed the murder. The jury deliberates for less than four hours before convicting Dennis, finding him guilty of intentional murder. Now, during sentencing, the prosecutor said that, quote, I think Dennis is a liar. And he's shown that time and time again he's made a life out of living a lie and spinning that lie to everyone around him. They say that his statement, you know, blaming it on his ex wife was pathetic. He even. Wow, they're just called him pathetic, basically. So then Dennis gets to speak as well. And Dennis called Diana, blamed it on Diana, called her a demon. Oh, a demon. And said, she may be sending me to prison today, but my conscience is clear that I am not a murderer.

[Jimmy Wissman]

Really?

[James Petregallo]

Yeah. So the judge here, after that, the judge said that his history of lying borders on the pathological. Not only that, he said this was a case of premeditated murder as cold and calculated as one will find he said that his history of lies and conduct through this case show that he would definitely commit more crimes if ever released from prison. You, sir, may fuck off. Life without parole. Wow. For fat boy there. Now, Diane. Not charged with everything, with anything, like we said. He appeals for a bunch of bullshit and effective assistance of counsel, saying there's insufficient evidence and they didn't go after Diana hard enough. And they said the combined and cumulative weight of evidence connects you to the crime. Fuck off. He also appeals with the biblical references and all of that, saying ineffective assistance. North Dakota Supreme Court affirmed it there, saying that biblical references are permissible literary illusions. They weren't putting him in a Bible story. They were just whatever he also claimed. In 2018, he says that he has just been diagnosed with PTSD and that proves he's innocent.

[Jimmy Wissman]

PTSD of what?

[James Petregallo]

Doesn't matter. Proved he's innocent, okay? His argument is he could not have rationally or coherently committed a homicide during a panic attack. The court found that PTSD had no bearing on his crimes in relation to his competency. They back all that up. He goes all the way. He's still appealing in 2024, a federal appeal of the U.S. supreme Court petition here.

[Jimmy Wissman]

He walks out.

[James Petregallo]

He wants the fuck out. Everything. Denied, denied, denied, denied, denied. I heard at one point, too, Diana had gotten remarried. And I heard. I saw it. I don't know if this is true, but she was working at McDonald's or something, so things didn't go well for her either. Now, I don't know if that's true or not. Now. Final thoughts here. Friend of Tim's said that was his life. He lived to play. And Dennis took that away from him, right? Drumming. His friend Jim said, we rehashed this whole case from beginning to end. It's terrible. It's a travesty. Such a great person to have their life ended like this, right? And that is Gardner, North Dakota.

[Jimmy Wissman]

Wow. He just. Over nine grand. Over nine grand, stole an identity and then decided, I gotta kill him.

[James Petregallo]

Why? He's gonna expose my whole shit and I'm gonna go back to jail, so I'll just murder this guy. And he really said, I'll call Wisconsin and I'll fucking tell him there's a gig. I mean, it was a plot. He wasn't just sitting around with him and went, that's a good idea. And then he stabbed him in the neck. This is like a huge, premeditated, horrifying plot.

[Jimmy Wissman]

Over nine grand and the ability to not face up to it.

[James Petregallo]

He had, like, a 10 hour drive to change his mind and everything. Like it's wild.

[Jimmy Wissman]

He probably could have pled that nine grand.

Jesus.

[James Petregallo]

So there you go. That's Gardner, North Dakota. Definitely get on whatever app you're listening on and give us five stars. It helps a lot. That story was worth it. Come on.

[Jimmy Wissman]

That's like the quintessential do that. No reason to do it.

[James Petregallo]

No, Just a complete asshole just trying to dismount, keep his plate spinning. No dismount again. Our old favorite there. Do that. Head over to shut upandgivemerder.com Tickets for live shows 18 October at the Moore in Seattle. Those are running low, so get those tickets right now. Also, the virtual live show the Thursday before Halloween. Just like a regular live show, but you can watch it anywhere in the world with wifi. So do that. We have costumes, the stories, the whole deal. Shut upandgivemerder.com follow on social media. Smalltownmurder on Instagram smalltownpod on Facebook patreon.com crimeinsports all your bonus material. Hundreds of anybody, $5 a month or above. Hundreds of back episodes immediately upon subscribers. New ones every other week. This week, which you're gonna get for crime and sports, which you have access to the old rock and jock MTV specials. We'll make fun of everybody involved with that. For small town murder, the documentary about the unknown number documentary with that horrible woman harassing her children. Fucking lunatic.

[Jimmy Wissman]

Whatever reason. Yeah.

[James Petregallo]

Wow. For that. We'll get into that. And you get a shout out at the end of the show as well. And you get everything that we make ad free as well with your Patreon subscription. Patreon.com crimeinsports you want to follow us on social media? Shut up and givememurder.com has all the dropdown men could possibly want. Keep coming back and seeing us. And until next week, everybody, it's been our pleasure. Bye.

[Jimmy Wissman]

Morning, Zoe. Got donuts.

[Dana]

Jeff Bridges, why are you still living above our garage?

[Jimmy Wissman]

Well, I dig the mattress and I want to be in a T mobile commercial like you teach me. So. Dana.

[Dana]

Oh, no, I'm not really prepared. I couldn't possibly at T Mobile get the new iPhone 17 Pro on them. It's designed to be the most powerful iPhone yet and has the ultimate pro camera system.

[Jimmy Wissman]

Wow, impressive. Let me try. T mobile is the best place to get iPhone 17 Pro because they've got the best nut work.

[James Petregallo]

Nice.

[Dana]

Jeffrey, you heard them.

[Jimmy Wissman]

T mobile is the best place to.

[James Petregallo]

Get the new iPhone 17 Pro on us with eligible traded in any condition.

[Jimmy Wissman]

So what are we having for lunch?

[Dana]

Dude, my work here is done.

[T-Mobile Announcer]

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