Minnesota man killed by son, body dumped in woods

Got story updates? Submit your updates here. ›

Gary Herbst, 57, went missing in 2013 from his home in Elko New Market, Minnesota. Years later, his skull was found by a dog in rural Wisconsin. Investigators determined that Herbst's son, Austin, had shot and killed his father, with the help of his mother Connie. Austin claimed it was an act of self-defense after years of abuse, but prosecutors argued the evidence did not support that claim.

Why it matters

This case highlights the complexities around domestic abuse allegations and whether they can justify the use of lethal force, even against an abusive family member. It also raises questions about the criminal justice system's handling of such cases and whether the sentences given to Austin and Connie Herbst were appropriate.

The details

In July 2013, Austin Herbst says his father, Gary, became enraged and he feared Gary would kill him and his mother Connie. Austin claims he then grabbed a gun and shot his father, who was sleeping on the couch. Austin and Connie allegedly wrapped Gary's body in a rug, put it in their truck, and dumped it in the woods in neighboring Wisconsin. Investigators later found evidence of blood in the Herbst home and the cadaver dog detected human remains, leading to the arrests of Austin and Connie. Austin eventually confessed to the murder, but claimed it was self-defense. Prosecutors argued there was no evidence to support the abuse claims and that Austin's actions did not meet the legal standard for self-defense.

• On July 8, 2013, Gary Herbst went missing from his home.
• In 2017, a dog found Gary Herbst's skull in rural Wisconsin.
• In June 2020, investigators identified the remains as Gary Herbst.
• In November 2020, Connie and Austin Herbst were arrested and charged with second-degree murder.
• In June 2021, Austin Herbst was sentenced to 12 years and 6 months in prison.

What they’re saying