Father and son both sentenced to decades in prison for northeast Nebraska murder

Father and son became co-defendants in a northeast Nebraska murder case. Now, they both are headed to prison.

July 18, 2019Updated: July 18, 2019
News Channel NebraskaBy News Channel Nebraska

WEST POINT - Who killed Ernest P. Warnock?

Was it 29-year old Derek Olson of Oakland? Or was it Derek's father, Jody?

Both maintained that the other was guilty of the fatal stab wounds that Warnock suffered at his home in March of 2017. But both were convicted of 2nd-degree murder. And both now will be spending decades in prison.

Derek Olson was sentenced Thursday in Cuming County District Court to 42-64 years total in prison - 40-60 for the murder conviction, and an additional 2-4 for arson related to the burning of Warnock's home the day after the murder.

The elder Olson was handed a 40-60 year sentence.

The Olson's respective defense attorneys and the prosecution could find very little common ground over the course of the multi-year investigation, but this much is known:

In March of 2017, both Olsons - along with Jody's wife Becky Weitzenkamp - drove to Warnock's rural Bancroft home one late Friday night with the goal of retrieving some items that belonged to Weitzenkamp. Both defense and prosecution say an argument began between Warnock and Jody Olson that escalated into a fight. At one point, Warnock pulled a knife.

What happened next is a matter of conjecture.

Derek Olson maintains that he attempted to break up the fight, was knocked clear and regained his senses just in time to see Warnock's dead body at his feet.

But prosecutors say Derek was the one that struck the fatal blows, stabbing Warnock repeatedly from behind while Warnock struggled with Jody Olson. Jody's defense attorneys share that assessment of what happened.

From there, the stories begin to converge again. Derek Olson and Weitzenkamp returned the following day and set fire to Warnock's home, killing his dog in the process.

Jody Olson pleaded guilty to 2nd-degree murder last December, with the understanding that he would testify against his own son.

The path to Derek's sentencing wasn't as simple. A mistrial was declared in Derek's first trial in March. But the next month, as he awaited his second trial's beginning, Derek changed his plea suddenly to guilty.

Weitzenkamp was convicted of being an accessory to a felony and sentenced last October to 18-20 years in prison. A fourth person, 33-year old Jenna Merrill, received a two-year sentence on an accessory charge as well.