Man on probation for underage sexual conduct facing 5 more felonies
Published 5:01 pm Thursday, January 13, 2022
A man already on probation for felony sexual conduct with an underage girl, is facing five more felony counts of engaging in or distributing materials related to sexual conduct with a child.
Brandon James Nisley, 28, of Austin made his first appearance in Mower County District Court Wednesday to face those five felonies involving a 13-year-old girl.
He has not entered pleas yet and is currently being held without bail.
According to the court complaint, Nisley was in communication with the girl beginning in early December of 2021, when they first began sending text messages to each other.
On Dec. 29, 2021, Austin police were called to the Rodeway Inn, where Nisley was staying, in response to a call from an agent with the Department of Corrections.
According to the complaint, the agent had gone to the residence and seized Nisley’s phone, which was found to contain a teenage female exposing her breasts. Another photo was found of the same female wearing clothes.
When questioned, Nisley said the photo was of a girl living at the Rodeway with her mother.
An Austin detective questioned the mother and showed her a picture of the girl clothed. The woman confirmed the girl was her 13-year-old daughter.
Nisley allegedly told police that he assumed he was going to jail once the photographs had been found.
The complaint goes on to say that on Jan. 6, a search warrant was obtained, which allowed for a forensic examination of Nisley’s cell phone. Nisley also allegedly admitted that he sent a video to the girl of him fondling himself.
A search of the phone turned up several videos of the girl in various outfits that included her in her underwear, as well as a close-up of the girl’s private regions. It also turned up the photo discovered by the corrections agent as well as several photographs of Nisley naked and his groin area.
In connection to the videos and pictures, the detective located several text messages between the pair and one message allegedly indicated that Nisley intended to shower her with kisses.
In text records provided by the text messaging service TextMe, it was revealed that hundreds of messages had been sent between Nisley and the girl between Dec. 12-28.
According to the complaint, the detective also reviewed calls made by Nisley from the Mower County Jail. The first time was on Jan. 1, at around 8:27 p.m. where Nisley talked with the mother for around 27 minutes. The second call was on Jan. 4, when Nisley was allowed to speak with the girl. During the call Nisley told the girl to contact him through TextMe.
The detective and a Child Protection worker met with the girl, who indicated that she had met Nisley when he started working at and living at the Rodeway Inn. The girl said that Nisley would come to the residence and eat meals with both the girl and her mother and according to the complaint, the mother and Nisley would drink together.
The girl also said that she and Nisley would play video games together most every day in the living room.
The girl denied that the defendant had touched her in a sexual manner, but confirmed that they started sending text messages in early December 2021.
The girl allegedly said before she sent photographs to him, Nisley sent photographs of himself to her, including of his groin. The girl then sent him a message showing her pulling up her shirt and exposing herself.
The complaint said she also admitted to sending other photos of herself where she wasn’t naked, but were sexual in nature.
The complaint states that between Dec. 11, 2021 and Jan. 4, 2022 there were approximately 3,308 text messages sent between the two. In one message Nisley allegedly asked her to send him “whatever you think will tease me.”
Nisley was sentenced in July of last year to 10 years of probation for felony attempted fourth-degree criminal sexual conduct with a victim less than 16 years of age.
He received a concurrent sentence of 10 years probation for felony distribute via electronic communication material that relates/describes sexual conduct to a child.
In that case, the girl in question was 15-years-old. Nisley had sent her a lewd photograph of himself and had asked her three times if she wanted to have sex.
A further review of Nisley’s criminal record showed that in 2014 he was convicted for assault and injure/tamper/destroy another’s property in Nebraska.
Nisley’s next court date is an initial appearance on Jan. 24.